1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO.206 OF 2010 In WRIT PETITION NO.513 OF 2001 (Pramila Sonbaji Gautre, Chandrapur Vs. Dr.Ramesh Laxman Bandebuche, Civil Surgeon and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order None for petitioner. Shri A.M.Deshpande, AGP for respondent no.1 and no.2. Coram : R.K.Deshpande, J. Dated : 5 th April, 2011 The complaint in this contempt petition is that the Industrial Court had directed the respondents to pay the salary to the petitioner in the Pay Scale of Rs.750-12-870-14-940 w.e.f.10.2.1994. However, the petitioner was being paid salary as a Class-IV employee. On 8.3.2011 the order was passed by this Court, 2 directing the respondents to file an affidavit, stating as to in what scale, the salary was being paid to the petitioner from February, 2010 to December, 2010. In response to the said order, an affidavit has been filed on 28.1.2011 by one Dr.Tulsiram Gulabrao Dhote, working as Civil Surgeon, Chandrapur. In para-2 of the affidavit it is stated as under-- I say and submit that, the Learned Industrial Court by order dated 26the November 1999 directed the respondent Authorities to pay salary to the complainant in the pay scale of Rs.750-12-870- 14-940/-. I say and submit that, as per the 5 th Pay Commission the corresponding pay scale for the above referred pay scale becomes Rs.2550-55-2610- 60-3200/- which was paid to the petitioner till the 6 th Pay Commission was made applicable. I say and submit that, the petitioner is being paid the salary as per the 6 th Pay Commission since April 2009 in the pay scale of Rs.440-7440/- I say and submit that, from February 2010 to December 2010 the petitioner 3 was paid in the pay scale of Rs.4440-7440 as per the 6 th Pay Commission. Presently, the petitioner is drawing salary as per the 6 th Pay Commission which comes to Rs.10,898/- per month after necessary deductions. The pay scale which is applicable to the petitioner as per the 6 th Pay Commission is Rs.4440- 7440/-. I say and submit that this pay scale is applicable to the Class-IV employees and therefore, the petitioner cannot agitate that she is not being paid as the directions of the learned Industrial Court and as per the compromise Pursis filed before this Hon'ble Court. The copy of the pay bill is annexed herewith and marked as Annexure-I for kind perusal of this Hon'ble Court. The Annexure-I is filed for the purpose of demonstrating a fact that the petitioner is earning in the pay scale of Rs.4440-7440/-. It is thus apparent that the petitioner was paid in the Pay Scale of Rs.750-12-870-14-940 and also the corresponding Pay Scale in the Fifth Pay Commission of 4 Rs.2550-55-2610-60-3200. In the Sixth Pay Commission made applicable from April, 2009, the corresponding Pay Scale was Rs.4440-7440 and the petitioner was paid the said pay scale from February, 2010 to December, 2010. In view of above, there is no substance in the grievance made by the petitioner. The petition is dismissed. JUDGE Bhushan