{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3844 OF 1993 1. Sow Muktabai Dattatraya Gaikwad 2. Smt.Suman Fakira Kate 3. Sow.Rukmini Ashok Borde 4. Sow.Bebi Narayan Otari 5. Sow.Nanda Sahebrao Bodke 6. Smt.Shobha Bajrang Bairagi 7. Sow.Kamal Udhavrao Adhav 8. Rabiya Mohd. Shaikh 9. Sow.Manda Laxman Naik 10. Sow.Ragini Surendra Jadhav All R/o Kopargaon, Tq-Kopargaon Dist-Ahmednagar PETITIONERS VERSUS 1. The State of Maharashtra 2. The Commissioner, Nashik Region, Nashik 3. The Collector, Ahmednagar 4. The Kopargaon Municipal Council Kopargaon, Dist-Ahmednagar Through its Chief Officer RESPONDENTS ....... Mr.V.D.Hon, Advocate for petitioners Mr.V.H.Dighe, AGP for respondents No.1 to 3. Mr.P.B.Shirsath, Advocate for respondent No.4. ....... {2} [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 31st July 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. This petition, under Article 226 of the Constitution of India, prays for issuance of a writ of mandamus directing the respondents to pay the teachers and peons of Balwadis of Kopargaon Municipal Council as per the pay scale and to regularize their services as servants of the Municipal Council by making them permanent and giving them other benefits to which they are entitled in law. The petitioners also pray for issuance of a writ of mandamus directing the respondents No.1to 3 to grant sanction / approval to the Resolution No.16 passed by the Municipal Council, Kopargaon dated 23.02.1993, w.e.f. 01.01.1993. 2. Such of the facts as are necessary for the decision of this petition may briefly be stated thus- The petitioners came to be appointed by respondent No.4 Municipal Council as teachers and / or peons to run the Balwadis which were attached to primary school of the Municipal Council. Accordingly, the Commissioner, Nashik Division, Nashik sanctioned 14 posts of teachers and 14 posts of peons in respondent No.4 Municipal Council. It appears that the petitioners {3} made a grievance about their pay scale i.e. in respect of the paltry amount which was being paid to them. Accordingly, on 14.10.1992, respondent No.4 Municipal Council, in its General Body Meeting, increased the pay scale of the petitioners i.e. of the Balwadi teachers from Rs.150/- to Rs.350/- per month and of peons from Rs.100/- to Rs.300/- per month. The increase in the pay scales / wages, however was not implemented by the Municipal Council and the petitioner continued to be paid their salary / wages on the basis of earlier pay scales / wage structure. It also appears that the petitioners threatened to go on hunger strike in the event their salary was not increased. The Municipal Council, respondent No.4, could not implement its own resolution, as it appears that the Collector had stayed the same. Meanwhile, on 02.07.1993 respondent Municipal Council issued fresh appointments to the petitioners for the then academic year from 02.07.1993 to 05.11.1993 contemplating therein the payment of salary of Rs. 350/- and Rs.300/- per month respectively. It appears that in respect of the aforesaid grievance, therefore, the petitioners have filed the present petition. 3. At this juncture, we may make a reference to some of the interim orders, which have been passed. Initially, rule came to be issued by the Division Bench of this Court, by also issuing rule on interim relief. Thereafter, it appears that, by a detailed order, the Division Bench of this Court, on 12th September 1994, directed the Municipal Council, respondent No.4, to pay salary of Rs.300/- {4} per month. This Court also granted interim relief in terms of prayer clause “D” to the petition. Prayer “D” to the petition prays for directing respondents to pay the petitioners salary of Rs.350/- and Rs.300/- per month respectively. This order has continued till this date, subject to modifications, which have been made from time to time. 4. Thereafter, it appears that a civil application No. 5221/1999 had been filed by the petitioners. The Division Bench of this Court, upon consideration of the submissions which were advanced before it, directed that the petitioners should be paid salary at the rate of Rs.750/- per month and Rs.700/- per month, respectively. At present, this modified interim order of this Court directing payment of the salary to the petitioners at the rate of Rs. 750/- and Rs.700/- per month is in existence. 5. On notice being issued to respondents No.2 and 3, an affidavit has been filed. In the affidavit in reply, at para 3, it is stated that out of the 10 petitioners, petitioners No.1, 3, 4, 6, 8, 9 and 10 have been absorbed by the Child Development Project Officer, Ahmednagar by order dated 28.11.2008 as Anganwadi Sevika / Assistants. Petitioner No.5 is reported to have died and petitioner No.7 is reported to have retired on attaining age of superannuation. The affidavit in reply further discloses that the petitioner No.2 is presently employed as a Peon on a consolidated salary of Rs.700/- per month. In the light of aforesaid statement {5} that the services of the petitioners have now been regularized and they have been absorbed as Anganwadi Sevika / Assistants, according to us, the grievance of the petitioners no longer survives for consideration. The petitioners have been paid salary of Rs. 750/- and Rs.700/- per month till today. We, therefore, feel that no further relief can be granted to the petitioners except to make the interim relief, which was granted to the petitioners earlier, absolute in terms of the said relief. We further hold that the petitioners would be entitled to such salary / wage structure to which they are legally entitled to in law and they be paid so henceforth. 6. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp3844-93