1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Contempt Petition No. 212/2007 (Tukaram Bapuji Datke VERSUS Dr.R.A. Malu, Principal, Aryan Arts and Mithulalji Kacholiya Commerce College & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Ambulkar holding for Shri S.P. Bhandarkar, counsel for the petitioner. Shri C.A. Joshi, counsel for the R-1. Shri N.S. Khubalkar, Assistant Government Pleader for the R-3. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 26, 2009. By the judgment dated 10.04.2007 passed in Writ Petition No.2519/1990, the Division Bench of this Court held that the petitioner was entitled to the relief claimed by him and, hence, the respondent no.3 to the writ petition, i.e. the State of Maharashtra through the Secretary, Department of Education was directed to extend the benefit of Pay-Scale (Rs.2200-4000), which was granted by the Government Resolution dated 27.02.1989 to Librarians not possessing requisite qualifications along with the corresponding 2 subsequent pay-scales granted at subsequent pay- revisions with consequential benefits of revision of pension. It is the case of the petitioner that in spite of these directions, the respondents to this contempt petition have failed to pay the said amount to the petitioner. After a notice was issued to the respondents, the respondents deposited an amount of Rs.58,964/- in this Court, to be payable to the petitioner. The petitioner, however, disputed that the respondents were liable to pay that paltry amount and claimed that the petitioner was entitled to an additional amount of Rs.7,13,760/-. After the rejoinder was filed by the petitioner, the respondents tried to verify the fact from the Audit Section and after verification found that total amount of Rs.8,05,366/- was due and payable to the petitioner. Since an amount of Rs.58,964/- was already 3 deposited in this Court, the balance amount due and pay to the petitioner is Rs.7,46,402/-. It appears from the affidavit filed on behalf of the respondent that the Joint Director of Higher Education has prepared the proposal and forwarded the same to the Secretary of Higher and Technical Education for approval, since the amount cannot be drawn in the absence of the approval. It is further stated in the affidavit that the entire procedure for actually paying the amount to the petitioner would require at least eight to nine weeks. Thus, it appears from the affidavit-in-reply that the entire claim of the petitioner in terms of the judgment dated 10.04.2007 would be satisfied as the respondents have taken necessary action in the matter by verifying the facts from the Audit Section and the remaining amount due and payable to the petitioner would be paid within a period of nine weeks from today. 4 From a combined reading of the affidavits filed on behalf of the respondents, it is clear that the respondents did not deliberately and willfully disobey the directions issued by the High Court by the judgment dated 10.04.2007. The contempt proceedings against the respondents are, therefore, liable to be dropped and they are dropped accordingly. The contempt petition is, therefore, disposed of. In case, the petitioner has not withdrawn the amount deposited by the respondents in this Court, the petitioner is permitted to withdraw the same. JUDGE APTE