State Of Maharashtra Through Its ... vs Dr. Gangadhar Vithobaji ...
2022 Latest Caselaw 12715 Bom

                       (21)-RPWST-18684-18.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

          Digitally
          signed by
                                  REVIEW PETITION STAMP NO.18684 OF 2018
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
                                                      IN
PANCHAL   Date:
          2022.12.09
          15:01:14
          +0530
                                       WRIT PETITION NO.3157 OF 2018
                                                    WITH
                                      CIVIL APPLICATION NO.368 OF 2018

                       State of Maharashtra & Ors.                   ..Petitioners
                             Versus
                       Dr. Gangadhar Vithobaji Kayandepatil & Ors.   ..Respondents

WITH CONTEMPT PETITION NO.266 OF 2018

Dr. Vedashree Vijay Thigale ..Petitioner Versus The State of Maharashtra & Ors. ..Respondents

WITH CONTEMPT PETITION NO.378 OF 2018

Dr. Arun Muralidhar Bachhav ..Petitioner Versus The State of Maharashtra & Ors. ..Respondents

WITH CONTEMPT PETITION NO.374 OF 2018

Dr. Sanjay Dharmaraj Kharinar ..Petitioner Versus The State of Maharashtra & Ors. ..Respondents

WITH CONTEMPT PETITION NO.379 OF 2018

Dr. Gangadhar Vithobaji Kayandepatil ..Petitioner

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Versus The State of Maharashtra & Ors. ..Respondents

Ms. Leena Patil, for the Petitioner in all Contempt Petitions & for Respondent Nos.1, 2, 5 to 8 in RPWST No.18684/2018. Mr. N. C. Walimbe, AGP for the Respondent/State.

CORAM : NITIN W. SAMBRE, J. & SHARMILA U. DESHMUKH

DATE : 7th DECEMBER, 2022

P.C.

1. The Writ Petition No.3157 of 2017 preferred by the petitioners seeking step up of their pay was allowed vide order dated 3rd November, 2017. This Court accordingly directed the respondent to pay arrears within period of three months from the said order. As a sequel of aforesaid order of division bench passed in the writ petition, petitioners' pay fixation ought to have been done, which till this date we are informed is not carried out by the Joint Director, Higher Education.

2. The order dated 3rd November, 2017 is based on the division bench judgment of this Court at Aurangabad in the matter of Sudamrao Keshavrao Aher and Ors. Vs. State of Maharashtra and Ors. In the Special Leave to Appeal preferred by the respondent/State, Apex Court directed to the State to implement the order of High Court without prejudice to the contentions in Special Leave to Appeal. As such, what was expected from the

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respondent is to implement the order of the High Court which they have failed to for last five years.

3. Mr. N. C. Walimbe, learned AGP appearing for the Joint Director, Higher Education submits that the review petition against the aforesaid order dated 3rd November, 2017 is pending adjudication. According to him, the order directing payment of arrears is complied with by depositing the arrears in the review proceedings.

4. As such, what can be noticed is the order of which contempt is alleged appears to have been complied with by depositing arrears in review proceedings as was directed by division bench taking up review proceedings. As regards pay fixation is concerned, same appears to have been not carried out for last five years, for which there is no explanation coming forth from the respondents.

5. That being so, we direct the Director of Higher Education to remain present so as to enable the Court to frame charge.

6. Matter be placed on 11th January, 2023.

[SHARMILA U. DESHMUKH, J.]              [NITIN W. SAMBRE, J.]


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