Bombay High Court
Vandana Ratan Gaikwad Alieas Baby ... vs The State Of Maharashtra And Ors on 13 December, 2022
Bench: Nitin W. Sambre, Sharmila U. Deshmukh
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17-wp-8364-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8364 OF 2022
Mrs. Vandana Ratan Gaikwad
Alieas Baby Bhagwan Kamble ...Petitioner
Vs.
The State of Maharashtra & Ors. ...Respondents
Mr. Vishwasrao S. Deokar, for the Petitioner Smt. P. J. Gawhane, AGP for Respondent-State. Mr. Sushik Inamdar for Respondent No. 5 & 6.
CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ DATED : 13th DECEMBER, 2022 P.C.:
1. Heard.
2. Learned counsel for the Respondent Nos. 5 and 6 seeks time to file appearance and assures that reply shall be placed on record within a period of four weeks from today. Statement Accepted.
3. As far as Respondent Nos. 1 to 4 are concerned, we have perused the affidavit-in-reply sworn by District Social Welfare Officer, Zilla Parishad, Solapur i.e. Respondent No. 4. Along with said affidavit the said respondent has not brought to our notice about issuance of order dated 25/06/2021 conferring graduate pay scale in favour of one Renuka Nagnath Paspule that too w.e.f. 01/06/1996.
4. It is an admitted position on record that the petitioner has ABK 1/2 ::: Uploaded on - 15/12/2022 ::: Downloaded on - 16/12/2022 08:15:13 ::: 2/2 17-wp-8364-2022.doc completed her graduation in the year 1995 as reflected in para 6 of the affidavit of the Respondent No. 4.
5. As such, what can be noticed is, the respondent No. 4 has not dealt with the claim of the petitioner particularly in the backdrop of the grant of graduate pay scale in favour of the other employee viz.
Renuka Nagnath Paspule.
6. We direct the Respondent No. 2-Commissioner, Directorate of Handicapped and Welfare Commissionrate, Maharashtra State to file detailed affidavit dealing with claim of the petitioner on default of Respondent No. 4, as noted above.
7. If the affidavit is not placed on the record by respondent No. 2 on or before 11/01/2023, this court will be constrained to summon the said officer or saddle cost on the said officer.
8. Matter to come up for consideration on 12/01/2023.
(SHARMILA U. DESHMUKH, J) (NITIN W. SAMBRE, J.) ABK 2/2 ::: Uploaded on - 15/12/2022 ::: Downloaded on - 16/12/2022 08:15:13 :::