1 Anando IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1446 OF 2010 Harish Atmaram Dixit & ors ..Petitioners V/s. The State of Maharashtra & anr. ..Respondents WITH WRIT PETITION NO.1450 OF 2010 C.G.Sonawane & anr. ..Petitioners V/s. The State of Maharashtra & anr. ..Respondents Mr.A.M.Kulkarni, Advocate, for the Petitioners Mr.C.R.Sonawane, Assistant Government Pleader, for the State - Respondent No.1 Mr.N.V.Walawalkar, Senior Advocate with Mr.Sudhir Prabhu, Advocate, for Respondent No. 2 CORAM : A.M.KHANWILKAR & R.M.SAVANT, JJ. DATE : 19TH MARCH, 2010 P.C. . Heard the learned counsel for the parties. 2 2. In deference to the observations made by the Court, Counsel appearing for the parties fairly agreed that the Court without recording any reasons may dispose of both these Petitions on the following terms. (i) Respondent No.2  Corporation shall not precipitate the matter or take any coercive steps against the Petitioners herein until the State Government decides the issue regarding the Petitioners' entitlement for Higher Pay Scale finally one way or the other. (ii) The State Government shall consider the said issue and take a final decision thereon as expeditiously as possible and, in any case, within a period of three months from today. Needless to observe that the State Government shall give an opportunity to all concerned before taking the final decision on the said issue. Besides, the State Government shall communicate its decision to all the concerned parties, in particular the Petitioners herein 3 within a period of two weeks from the date of its decision. 3. The Petitioners undertake to abide by the final decision of the State Government, however, subject to remedy of questioning the correctness thereof before the appropriate forum, if and when required. The Petitioners through Counsel undertake to repay the requisite amount to the Respondent No.2  Corporation within a period of six weeks from the date of communication of the decision of the State Government, if the same is adverse to the Petitioners. This assurance is accepted. In addition, the Petitioners to file an undertaking in this behalf. Indeed, the undertaking will be subject to the remedy available to the Petitioners to challenge the correctness of the decision of the State Government which however will have to be done within four weeks from the date of communication of the decision. In the event, 4 if the appropriate forum refuses interim protection to the Petitioners, the Petitioners would be bound by the undertaking to repay the entire amount to the Respondent No.2  Corporation before the expiry of six weeks from the date of communication of the Order passed by the State Government. Needless to observe that all questions that may arise while considering the representation of the Petitioners by the State Government will have to be decided on its own merits and, in accordance with law. 4. The Petitioners shall appear in the office of the Secretary, Urban Development Department on 29th March, 2010 at 11.00 a.m on which day the said authority may proceed with the hearing or fix the same on a suitable date while ensuring that the final decision will have to be taken within a period of three months from today. It is made clear that if the Petitioners fail to appear before the 5 authority as indicated above, the representation can be decided on the basis of the material already available before the Secretary. 5. Both these Petitions are disposed of on the above terms. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)