AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1368 OF 2008 IN WRIT PETITION NO.1860 OF 2005 Manoj Sakharam Patil & Ors. ) ... Applicants Vs. The State of Maharashtra & Ors. ) ... Respondents Mr. Uday Warunjikar for the applicants. Mr. Suresh Bhosale for respondents 1 to 3. Mr. Sandip Phatak i/b Mr. S.B. Deshmukh for respondents 5 and 6. CORAM : SMT. RANJANA DESAI & R.S. MOHITE, JJ. DATED : 17TH FEBRUARY, 2010. P.C.:- This is a civil application made by the original petitioners for clarification/modification of Division Bench order dated 21/4/2007 passed in Civil Application No.2956 of 2006. The contention of the applicants in the civil application is that as on the date of the filing of the petition, they had been given certain benefits in their AJN 2 salaries as per the Fifth Pay Commission. That the petition was filed as the salaries were not properly computed by giving certain other benefits as per the Fifth Pay Commission. The grievance made in the application is that making use and relying upon the Division Bench order dated 21/4/2007, respondents 5 and 6 have recalculated their salaries and have taken away some benefits which had earlier been granted to them under the Fifth Pay Commission. After hearing both sides, in our view, there is no clarification or modification required in respect of Division Bench order dated 21/4/2007. However, it is made clear that our order should not be used by the respondents to reduce any benefits which the applicants were enjoying as on the date when the said order was passed. It is also made clear that all payments made will be subject to the final decision in the writ petition. With these observations, the civil application is disposed of. [SMT. RANJANA DESAI, J.] [R.S. MOHITE, J.]