Citation : 2023 Latest Caselaw 415 Bom
Judgement Date : 11 January, 2023
31-WP-1672-21 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1672 OF 2021
Dr Sanjay Gajananrao Makrande, Kelarwadi, Wardha and ors.
-vs-
All India Council for Technical Education, Vasant Kunj, New Delhi and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri P. N. Shende, Advocate for petitioners.
Shri N. P. Lambat, Advocate for respondent No.1.
Ms S. S. Jachak, Assistant Government Pleader for respondent No.2.
Shri S. M. Bhangde, Advocate for respondent No.3.
Shri Rahul Dhande, Advocate for respondent Nos.4 and 5.
CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, JJ.
DATE : January 11, 2023
P.C.
The learned counsel for the parties fairly agree that the issue
raised in this writ petition has been considered and decided in Writ
Petition No.3489/2020 (Mr Milindkumar s/o Sitaramji Jibhkate and
ors. vs. State of Maharashtra, Thr. Secretary, Technical Education
Dept. Mantralaya, Mumbai and ors. alongwith connected writ
petition) decided on 17/11/2022. By the aforesaid judgment the
petitioners therein have been held entitled to receive salary in
accordance with the recommendations of 6 th and 7th Central Pay
Commissions and the Director of Technical Education has been
directed to compute the amounts payable. Thereafter time of four
months is granted to release the payment in favour of the petitioners
therein.
31-WP-1672-21 2/2
2. In view of aforesaid, for the reasons assigned in the aforesaid
judgment this writ petition is disposed of by issuing similar directions
contained in paragraph 44 of the said judgment. Accordingly the
following order is passed :
(i) The petitioners are held to be entitled for the revised pay scales with other benefits in terms of recommendations of 6th and 7th Central Pay Commissions with effect from 01/03/2010 and 01/01/2016 respectively.
(ii) The Joint Director of the Technical Education shall compute the amount which is due and payable in terms of the recommendations of the 6th and 7th Central Pay Commissions as aforesaid in accordance with All India Council for Technical Education Regulations and the Government Resolutions issued by the Government of Maharashtra. The computation of the amount shall be made within a period of four weeks from the date of receipt of this order.
(iii) The respondent Nos.4 and 5 shall release the payment in favour of the petitioners within a period of four months thereafter.
(iv) The respondents shall ensure that the amount so computed shall be released within the stipulated period. Rule is made absolute in aforesaid terms with no order as to costs.
Pending Civil Application also stands disposed of.
(Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.)
Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:13.01.2023 Asmita 14:33:11
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