FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 224 OF 2011 “Jagannath Vishwanath Vyavhare Vs. The President Maharashtra State Cooperative Appellate Tribunal, Mumbai and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. P.R. Patil, Advocate for the petitioner Mr. V.D. Godbharle,AGP for respondent Nos. 3 to 6 Mr. S.R. Barlinge, Advocate for respondent Nos. 1 and 2. CORAM :- P.B. MAJMUDAR & S.S. SHINDE, JJ. DATE :- 27th April, 2011. PER COURT :- 1] By way of this petition, the petitioner has prayed that respondents be directed to fix the pay scale of petitioner as per the recommendations of Second National Judicial Pay Commission (Padmanabhan Commission) as prescribed for the District Judge Entry Level with consequential benefits. 2] The petitioner is a retired employee. At the relevant time, he was working as a member of the Maharashtra State Cooperative Appellate Tribunal. 3] An affidavit in reply is filed by the District Deputy Registrar, Cooperative Societies, Aurangabad, wherein, in para. Nos. 2 and 3, it is stated thus :- “The deponent most respectfully say and submit that FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 224 OF 2011 “Jagannath Vishwanath Vyavhare Vs. The President Maharashtra State Cooperative Appellate Tribunal, Mumbai and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 the representation made by the petitioner dated 30/10/2010 to respondent No.3 was send to respondent No.1 by letter dated 24/11/2010 for detailed remarks on the issues raised by the petitioner in his representation. Thereafter by letter dated 31/01/2011, 14/02/2011 and D.O. Letter dated 3/3/2011 the respondent No.3 pursued the matter to respondent No.1 for obtaining remarks and detailed proposal for implementation of recommendation of `Padmanabhan Commission' alongwith details of financial burden on Government. The said proposal has been received from respondent No.1 recently. After thorough scrutiny of the proposal, respondent No.3 will submit it to Government through respondent No.5 for sanction. After Government approval, necessary order will be issued. 3. The deponent most respectfully say and submit that in addition that the respondent No.3 has requested respondent No.2 vide letter dated 3/6/2010, 25/6/2010 and 19/11/2010 to amend the Notification dated 23/07/2003 or issue new FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 224 OF 2011 “Jagannath Vishwanath Vyavhare Vs. The President Maharashtra State Cooperative Appellate Tribunal, Mumbai and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 Notification regarding application of recommendation of Shetty Commission to Cooperative Judges. It is also submitted that after the amendment to the present notification is made or new Notification is issued by the respondent No.2, respondent No.3 will take further necessary action to modify the date of application of revised pay scale to Members, Maharashtra State Cooperative Appellate Court. But respondent No.3 has not received any communication from respondent No.2 in this regard.” 4] In view of the same, we direct the State Government to take appropriate decision in this behalf, in accordance with law, expeditiously and in any case, within 4 months from today. Writ petition is disposed of accordingly. 5] Learned AGP may communicate this order to the concerned Department of the State Government. Parties may act upon authenticated copy of this order. [S.S. SHINDE, J.] [P.B. MAJMUDAR, J.] grt/-