Bombay High Court
Dr. Prakash Pandharinath Shilotri vs Thane Municipal Corporation And Ors on 15 July, 2019
Author: N.M. Jamdar
Bench: Pradeep Nandrajog, N.M. Jamdar
1 20. WP 401.15.doc
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 401 OF 2015
Dr. Prakash Pandharinath Shilotri ... Petitioner
V/s.
Thane Municipal Corporation and Ors. ... Respondent
Mr. A.S. Tungare for the Petitioner.
Mr. Mandar Limaye for Respondents 1 to 4.
CORAM : PRADEEP NANDRAJOG,C.J. &
N.M. JAMDAR, J.
DATE : 15 JULY 2019.
P.C. :-
Heard learned Counsel for the parties.
2. Prayer made by the Writ Petitioner is to be paid wages as per the recommendations of the 6 th Pay Commission for the period 14.01.2008 till 30.06.2008 and upon reappointment from 18.11.2008 till 31.08.2009.
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3. From the facts which we would be noting, it is apparent that the Petitioner is asking for much less than what the Petitioner is actually entitled to get.
4. The Petitioner was appointed by the Municipal Corporation of Mumbai and was deputed as a Lecturer with B.Y.L. Nair Charitable Hospital to which Topiwala National Medical College was attached. As on 14.01.2008 the Petitioner had earned promotion to the post of the Professor and was sent on deputation as Dean of Chhatrapati Shivaji Maharaj Hospital and Rajiv Gandhi Medical College under Thane Municipal Corporation. He served there till 30.06.2008 and reverted back to the parent department as a Professor on 01.09.2008. He superannuated on 30.09.2008. He was reappointed as a Dean at the Chhatrapati Shivaji Maharaj Hospital and Rajiv Gandhi Medical College on 18.11.2008. He was relieved on 30.08.2009. During this period he was paid the basic salary.
5. Recommendations of the 6th Pay Commission were accepted by the Government of Maharashtra on 10.12.2009 and made retrospectively applicable from 01.01.2006.
6. Thus, for the period the Petitioner served either under the Municipal Corporation of Mumbai or the Municipal ::: Uploaded on - 15/07/2019 ::: Downloaded on - 16/07/2019 02:45:08 ::: 3 20. WP 401.15.doc Corporation of Thane on deputation and thereafter, on reappointment he has to be paid salary as per the recommendation of the 6th Pay Commission and thus we dispose of the Petition directing that for the period stated in the Petition the Petitioner be paid salary as per the recommendations of the 6th Pay Commission with Thane Municipal Corporation to bear the liability for the period the Petitioner was on deputation with it.
7. Necessary payments shall be disbursed to the Petitioner within eight weeks from today.
N.M. JAMDAR, J. CHIEF JUSTICE
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