Satish Kawaduji Kakade And ... vs State Of Maharashtra, Thr. Its ...
2022 Latest Caselaw 2549 Bom

                                                   1                       WP761-19.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR
                              WRIT PETITION NO. 761/2019
 (SATISH KAWADUJI KAKDE & ANOTHER VERSUS STATE OF MAHARASHTRA & OTHERS)

Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions               Court's or Judge's order
and Registrar's orders.
        Shri P.S. Patil, counsel for the petitioners.
        Ms N.P. Mehta, A.G.P. for the R-1, 3 & 4.

        CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, JJ.

DATE : MARCH 15, 2022.

This Court while allowing Writ Petition No.3899 of 2002 on 03.07.2017 had set aside the order dated 17.01.2001 passed by the State Government rejecting the claim of the petitioners for placement in the pay-scale of Rs.1640- 2900 from the date of their appointment. The State Government was directed to grant approval to such placement of the petitioners in the pay-scale of Rs.1640- 2900. The necessary exercise was directed to be carried out within a period of six months from the date of the order failing which the respondent no.1 was held liable to pay penal interest at the rate of 24% per annum. Since Direction No.(v) of paragraph 6 of the said judgment has not been complied with the present writ petition has been filed.

In the reply filed on behalf of the respondent no.1, it is stated that the University submitted the statement of dues to the State Government on 02.04.2018 after which the amount in question was paid to the petitioners on 27.05.2018. It is stated that for the earlier period of delay, the respondent no.2-University ought to be made responsible since the time in finalizing the proposal was taken by the University.

The respondent no.2-University despite being served in the writ petition has not chosen to contest the same. Considering the contents of the affidavit filed by the respondent nos.1, 3 and 4, the respondent no.2-University is called upon to state as to why it should not be held responsible to pay interest at the rate of 24% per annum for the period from 03.01.2018 to 02.04.2018 and from 08.06.2018 till 27.06.2018.

2 WP761-19.odt

Issue fresh notice to the respondent no.2-Sant Gadge Baba Amravati University to answer the aforesaid aspect returnable on 29.03.2022.

Hamdast granted.

(SMT. M.S. JAWALKAR, J.) (A. S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:16.03.2022 10:43