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Bombay High Court

The Chief Officer-Manmad Municipal ... vs Shaila Balu Bagul And Anr on 15 January, 2020

Author: S.C. Gupte

Bench: S.C. Gupte

sat                                                                         wp 2071-2005.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 2071 OF 2005
                                             WITH
                            CIVIL APPLICATION (ST) NO. 31337 OF 2016

      The Chief Officer,
      Manmad Municipal Council, Nashik                               ...Petitioner
           vs.
      Smt.Shakuntala Prakash Shelke & Ors.                           ...Respondents

                                           WITH
                        WRIT PETITION NOS.2070, 2072 TO 2083 OF 2005
                                           AND
                              WRIT PETITION NO. 2811 OF 2005
                              WRIT PETITION NO. 4536 OF 2011
                              WRIT PETITION NO. 4684 OF 2011

      Mr.B.D. Joshi with Neel Helekar for Petitioners.
      Ms.Asha N. Gunjal i/b. Rameshwar N. Gite for Respondent No.1 in all Writ
      Petitions except W.P Nos.4536 and 4684 of 2011.
      Ms.Prachi Khandge i/b. M.P. Vashi & Associates for Respondents in Writ
      Petition Nos.4536 and 4684 of 2011.
      Mr.A.R. Metkari, AGP for State in Writ Petition Nos.2070 to 2073 of 2005.
      Ms.V.S. Nimbalkar, AGP for State in Writ Petition Nos.2074 to 2076 of
      2005.

                                              CORAM : S.C. GUPTE, J.

DATE : 15 JANUARY 2020 P.C. :

These matters are circulated as order matters, in view of the civil application taken out therein by the original Respondents. The civil application seeks payment of interim salary in accordance with the order passed by this court on 17 June 2005 in Writ Petition No.2071 of 2005. The Applicants were originally paid salary in the sum of Rs.2000/-. It is not in 1/2 ::: Uploaded on - 17/01/2020 ::: Downloaded on - 17/01/2020 20:59:05 ::: sat wp 2071-2005.doc dispute that this amount has since been paid for every month during the pendency of the writ petition. The grievance of the Applicants is that the amount is not commensurate with whatever is being paid to the other Balwadi teachers/workers. No court has so far applied its mind to the matter of correct quantum of salary to be paid to the Applicants herein. Considering the fact, however, that the writ petitions are of the year 2005 and are now very much ripe for hearing, it is in the interest of justice to decide this civil application along with the writ petitions on an expeditious basis.

2 Accordingly, the writ petitions are circulated for hearing on 6 February 2020 to appear on the daily board at the end of the admission matters. The civil application shall be considered along with the writ petitions.

(S.C. GUPTE, J.) 2/2 ::: Uploaded on - 17/01/2020 ::: Downloaded on - 17/01/2020 20:59:05 :::