Bombay High Court
Miss. Devi Punwani vs State Of Maharashtra And Others on 3 September, 2024
Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar
31caw1382.24 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (W) NO. 1382/2024
IN
WRIT PETITION NO. 3416/1999
Devi Punwani
...VERSUS...
State of Maharashtra & others
∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞
Mr. A.M. Ghare, Advocate for the Applicant/Petitioner(s)
Mr. N.R. Patil, AGP for the Respondent/State
Mr. R.B. Deo, Advocate for the Respondent No. 4
CORAM :- AVINASH G. GHAROTE & SMT. M.S. JAWALKAR, JJ.
SEPTEMBER 03, 2024
(1) The present Application is filed for condonation of delay in
filing the Application for restoration and recalling of the order
dismissing the Petition in default. The Petitioner/Applicant filed
Petition for grant of revised pay-scale equal to the Class Room
Teachers and similar other Petitions were also filed i.e. Writ Petition
Nos. 1757/1995 and 2607/1999. The present Petition was tagged with
those Petitions. The challenge was to the Government Resolution
dated 04/07/1994 and the order dated 26/09/1997.
(2) It is the contention of the Applicant that Mr. Moti Punwani,
brother of the Applicant used to coordinate with the learned Counsel
..ANSARI..
for the Applicant. However, Mr. Moti passed away on 23/02/2008.
Thereafter, there was no contact between the Applicant and the
Counsel. In view of the interim order passed by this Court, she was
under the bonafide impression that present Writ Petition would be
taken for final hearing along with Writ Petition Nos. 1757/1995 and
2607/1999. On 22/08/2014, the Applicant got knowledge that the
matter came to be dismissed in default. Subsequently, the impugned
Circular stood withdrawn by the State Government by the
Government Resolution dated 31/10/2002 which restored the position
of the Circular of 06/01/1990 on granting benefit of pay-scale of
Rs. 3000-5000 in terms of the regular service rendered by person from
the date of initial appointment. The said GR was upheld by this Court
in a bunch of Writ Petitions. In spite of the fact that there was no
order of de-tagging, the present Petition was not heard along with the
other Petitions. Hence, the Applicant is also entitled for same benefit.
(3) As such, delay in filing the Application is justified and
reasonable. There is no serious objection by the learned AGP to
condone the delay and restore the Petition as the issue is covered by
the judgment passed in Writ Petition No. 2607/1999 (Prakash
Daulatrao Deshmukh & others vs. The State of Maharashtra &
others) dated 31/08/2004.
..ANSARI..
(4) For the reasons stated in the Application, the Application is
allowed. Delay is hereby condoned. The order passed by this Court
on 22/08/2014 is hereby recalled. Registry is directed to restore the
Writ Petition on its original number.
(5) The Application stands disposed of.
(6) The issue involved in the present Writ Petition is covered by the
judgment passed in Writ Petition No. 2607/1999 (Prakash
Daulatrao Deshmukh & others vs. The State of Maharashtra &
others) dated 31/08/2004.
(7) There is no dispute by the learned AGP on this count. However,
as far as the delay from 2014 to 2024 is concerned, the Petitioner will
not be entitled for any interest on payment for the said delayed
period.
(8) In this view of the matter, the Writ Petition is allowed in terms
of the judgment passed in Writ Petition No. 2607/1999. We quash and
set aside the impugned letter dated 04/07/1994 and declare that the
Petitioner is entitled to claim the benefit made available under the
..ANSARI..
Circular dated 06/01/1990. This exercise of release of payment shall be
completed within a period of six weeks from today.
(9) The Petitioner shall co-operate with the concerned Department,
if any assistance is required.
(10) The Writ Petition stands disposed of in the above terms.
Pending Application(s), if any, stand(s) disposed of.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
..ANSARI
Signed by: A.P. ..
ANSARI
Designation: PS To Honourable Judge
Date: 04/09/2024 18:00:35
