1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.164 of 2010 In Civil Application No.953 of 2010 (P) In Writ Petition No.951 of 1998 (P) (Jagdeo Bhivsen Belkhede v. State of Maharashtra and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Gupta, Advocate, holding for Shri P.C. Madkholkar, Advocate for Petitioner. Shri B.M. Lonare, AGP for Respondents. Coram : R.K. Deshpande, J. Dated : 21 st September, 2010 1. By order dated 11-3-2010 passed by the Director of Education, Maharashtra State, Pune, the order dated 30-5-2006 issued by the Directorate granting higher pay scale of Rs.8000-275-13500 to the petitioner was withdrawn and the petitioner was re-fixed in the pay scale of Rs.6500-200-10500. The order dated 11-3-2010 further directed recovery of the excess amount paid to the petitioner due to the wrong fixation in the higher pay scale. This was the subject matter of challenge in Writ Petition No.951 of 1998 filed by the present petitioner. The prayer clause [C(2)] for grant of interim relief made in the petition was as under : 2 “During the pendency of present petition stay the effect, operation and implementation of the order dated 11-3-2010 passed by the Respondent No.3, Director of Education, Maharashtra State, Pune, at Annexure-K to the petition.” 2. This Court has passed an order on 29-4-2010 as under : “Heard. Mr. Sonak, learned AGP seeks time to file reply. Time granted. S.O. to 6/5/2010. Ad interim stay in the meanwhile. Leave to amend name on page no.27. Amendment to be carried out forthwith. Amendment slip be served upon the respondents.” 3. Shri Gupta, the learned counsel appearing for the petitioner, submits that in view of the aforesaid interim order passed by this Court, the effect, operation and implementation of the order dated 11-3-2010 was stayed. As a result of this, the petitioner was entitled to be treated as continued in the pay scale of Rs.8,000-275-13500, which was granted to him by order dated 30-5-2006. However, according to him, the petitioner is being paid the salary in the lower pay scale of Rs.6500-200-10500, which amounts to willful disobedience/breach of order passed by this Court. 4. Merely because this Court has granted stay in terms of prayer clause [C(2)], reproduced above, that does not mean that this Court has directed the respondents to continue to pay the petitioner the salary in the higher pay scale of Rs.8000-275-13500/-. There is no such interim relief claimed nor any such interim relief is granted directing the respondents to 3 continue to pay the petitioner the salary in the pay scale of Rs.8000-275-13500. 5. In view of this, there is no substance in the complaint made in the instant contempt petition and the same, is therefore, dismissed. Judge pdl