Sumandas Sawalaram Salve vs The State Of Maharashtra And Anr
2023 Latest Caselaw 10822 Bom

R.V.Patil                                1                    4 WP.10775.2023.doc



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 10775 OF 2023

Sumandas Sawalaram Salve                               ...        Petitioner.

         V/s.

The State of Maharashtra and Others                    ...        Respondents.

                                     .......

Mr. Yogesh More a/w Bhagyesha Kurane for the Petitioner.
Mr. B. V. Samant, Addl. G.P. for the Respondent - State.
                                .......

                          CORAM : NITIN JAMDAR, AND
                                  MANJUSHA DESHPANDE, JJ.

DATE : 18 October 2023.

P.C. :

On 4 September 2023 the following order was passed:

" The Petitioner who is a retired judicial officer aged - 80 years has filed this petition for the following prayer:

(A) Issue a writ of mandamus, or any other appropriate writ or order, direction or any other appropriate writ, order or direction to order, direct, the respondents to pay the revised pay scale, accordingly the pension and all other admissible allowances, as per judgment and order dated 27/07/2022 of the Hon'ble Supreme Court of India in the case of

R.V.Patil 2 4 WP.10775.2023.doc

All India Judges Association V. Union of India & Ors. in WP(Civil) No. 643 of 2015 and the Maharashtra Government, Law & Judiciary Department GRs. dated 10/08/2022 and dated 27/09/2022.

2 The learned AGP for the State seeks time. Stand over to 11 October 2023.

3 We grant longer time for the reason that if the Respondents-State, upon examination of the Petitioner's request finds it to be justified, will proceed to release the necessary benefits without waiting for the order of the Court. If the petition is to be opposed, the reply affidavit be filed. It is open to the Respondents to call the Petitioner or his representative for clarifications, if any."

Then on 11 October 2023 the following order was passed:

" The learned AGP states that the Government Resolution has been issued on 18 August 2023 and seeks time to make statement in that regard.

2. Stand over to 18 October 2023 under the caption 'For Directions'."

2 As of today, the learned AGP for the State can only tell us that the process is going on in respect of several persons and the amount will be released in due course. We are not satisfied with this response. The learned AGP will contact the concerned officer in the State Government, who will be able to commit to us a timeline and place written instructions on record. The learned AGP will forward the copy of this order to the concerned officer alongwith the copy of

R.V.Patil 3 4 WP.10775.2023.doc

the petition so that commitment can be made by the next date.

3 Stand over to 23 October 2023 under the caption "For Directions".

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)