1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1985 OF 2000 ... Vishnu Namdeo Mesre & ors. ...Petitioners v/s. Ministry of Home & Anr. ...Respondents ... Mr.C.U.Singh, Sr.Counsel with Ms.Pallavi Dedhaia i/b Sanjay Udeshi & Co. for the Petitioners. None for the Respondents. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 9th September, 2009 P.C.: 1. By this Petition the Petitioners claim a direction to the State Government to make payment to them as per the recommendation of 5th Pay Commission. 2 2. Admitted facts are that the Petitioners were appointed on temporary basis by the Secretary of the Srikrishna Commission which was appointed to enquire into Bombay Riots/Violence of December 1992/January, 1993. The Petitioners services were terminated after the Commissioner submitted the report in the year 1998. The Government has filed affidavit stating that the Government has framed Rules called Maharashtra Civil Services (Revised pay)Rules, 1998 for refixing salaries of the Government employees as per the recommendation of the 5th Pay Commission. Rule 2(ii) Clause (d) of the Act provides that the Government employees who are paid from contingency fund are not eligible for the benefits of these Rules. The Petitioners who were working with the Commission as temporary employees were paid from the contingency fund 3 and therefore, according to the Government they are not entitled to payment of revised salary as per the recommendation of the 5th Pay Commission. The Petitioners have not challenged the validity of Rule 2(ii)(d) of the Revised Pay Rule. In this view of the matter, therefore, the direction sought by the Petitioners cannot be granted. Petition fails and is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)