Kiran Onkar Wani vs The State Of Maharashtra And ...
2021 Latest Caselaw 14580 Bom

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                                                             968 Writ Petition 3920 of 2019.odt


               THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.

                          WRIT PETITION NO. 3920 OF 2019


.         Kiran s/o Onkar Wani,
          Age 59 years, Occu : Retired
          As Lab Technician, from
          Jalgaon Municipal Corporation
          Hospital, resident of Plot No.7
          Gut No. 63, Vidhut Colony,
          Jalgaon.                                     ... PETITIONER


                  VERSUS


1]        The State of Maharashtra
          Through its Secretary,
          Urban Development Department
          Mantralaya, Mumbai-32.

2]        The Commissioner,
          Jalgaon Municipal Corporation,
          Jalgaon.

3]        The Chief Accountant,
          Jalgaon Municipal Corporation,
          Jalgaon.                                     ... RESPONDENTS

                                        ...
Mr. Amol N. Kakade, Advocate for Petitioner.
Mrs. M. A. Deshpande, AGP for Respondent No.1 / State.
Mr. Sachin Munde, h/f Mr. V. D. Gunale, Advocate for Respondent No.2.
                                  ...



                                    CORAM : S. V. GANGAPURWALA &
                                            R. N. LADDHA, JJ.

DATE : 06th October, 2021.

968 Writ Petition 3920 of 2019.odt

ORAL JUDGMENT: ( Per S. V. Gangapurwala, J. )

. Rule. Rule made returnable forthwith. With the consent,

taken up for final hearing.

2 In fact, the dispute between the parties was considered by

this Court in Writ Petition No.5674 of 2015. It is submitted that still

now the amount of recovery is claimed. The recovery of amount set

aside by this Court is also claimed. It is further stated that the juniors

to the petitioner are paid the salary in the pay scale of 9300-34800

and Grade Pay 4700. The petitioner be also paid the same

legitimately.

3 According to the learned counsel for respondent

Corporation, the petitioner's appointment in the year 1991-1992 was

not by following due process. It was a temporary appointment. The

petitioner's first appointment is as Coolie, the second appointment is

as Lab Assistant and thereafter, he was appointed as Pharmacist.

4 There is no proper denial from the respondent

Corporation that the juniors to the petitioner are paid the same pay

scale as the petitioner was paid earlier to refixation.

968 Writ Petition 3920 of 2019.odt

5 In Writ Petition No.5674 of 2015 under the judgment and

order dated 19th October, 2016 we had concluded that it will not be

open for the Corporation to contend that the petitioners are not

appointed by following the due procedure and they are entitled to

Grade Pay of 3200 only. We had observed that the juniors to the

petitioner are also paid proper pay-scale as per the Sixth Pay

Commission, which the petitioner is entitled to. We had directed

respondent No.3 Corporation to consider the petitioner to be properly

appointed and pass orders afresh pursuant to the show cause notice.

6 It appears that subsequently, the Commissioner,

Municipal Corporation, had considered the case of the petitioner and

had confirmed the order dated 18th May, 2012. He had further taken a

decision that the increments that were stopped from July 2015 shall

be restored to the petitioner and the difference would be paid in ten

installments from October 2017. In spite of the said order by the

Commissioner, Municipal Corporation, Jalgaon, the impugned orders

are passed.

7 In light of the aforesaid, the impugned order is quashed

and set aside.

968 Writ Petition 3920 of 2019.odt

8 The petitioner would be entitled for the revised pay scale

of 9300-34800 and Grade Pay 4700 as is paid to the juniors of the

petitioner as Pharmacist.

9 The gratuity and pensionary benefits shall be released

accordingly.

10 Rule is accordingly made absolute. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga