1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9598 OF 2003 WRIT PETITION NO. 9598 OF 2003 WRIT PETITION NO. 9598 OF 2003 1. Shri Laxmikant Dagaji Jagtap ) 2. Shri Vilas Trambak Mahajan ) 3. Shri Kailas Shankar Kotwal ) 4. Shri Jitendra Vasantrao Shimpi ) 5. Shri Mahendra Tukaram Chavan ) 6. Shri Vijay Yadaorao Sarnaik ) 7. Shri Vijay Shriram Hadole ) 8. Shri Rajendra Balu Bagul ) 9. Shri Manoj Dattatraya Bhavsar ) 10. Shri Santosh Gangadhar Shete ) 11. Shri Nandu Shankar Jagtap ) 12. Shri Raosaheb Sukdeo Hyalij ) 13. Shri Kishor Ganpat Sonawane ) 14. Shri Sunil Prabhakar Bhosale ) 15. Shri Ramdas Sitaram Vaishnav ) 16. Shri Bhuvneshwar Hiraman Mahajan ) 17. Shri Vitthal Shankar Mahajan ) 18. Shri Prasanna Ramdas Pagare ) 19. Shri Mahesh Bhalchandra Sonje ) 20. Shri Uttam Supalal Wagh ) 2 21. Shri Anil Rangnath Pathade ) 22. Shri Ghanshyam Daulatrao Jadhav ) 23. Shri Raman Tukaram Gaikwad ) 24. Shri Avinash Sharad Jade ) 25. Shri Dinkar Daval Aher ) 26. Shri sanjay Shivaji Nikam ) 27. Shri Ashok Bhagchand Jain ) 28. Shri Faakirchand Hansraj Abad ) 29. Sau. Ujjawala Vijay Sarnaik ) All major, occ. Service, ) R/o Chandwad, Tal. Chandwad, ) Dist. Nasik. ).. Petitioners Versus 1. Shri Neminath Jain Brahmacharyashram,) Registered Public Trust, having ) office at Neminagar, Chandwad, ) Dist. Nasik, through the Chairman/ ) Secretrary. ) 2. Shri Neminath Jain Brahmacharyashram’s) Shri Hiralal Hastimal (Jain Brothers)) Polytechnic, having office at ) Neminagar, Chandwad, Dist. Nasik. ) Through the Principal. ) 3 3. Shri Neminath Jain Brahmacharyashram’s) Shri deepchand Fakirchand Lodha ) Pharmacy College, having ofice at ) Neminagar, Chandwad, Dist. Nasik, ) Through the Principal. ) 4. The Director, Technical Education, ) Maharshtra State, Mumbai. ) 5. The State of Maharashtra ) Through Department of Technical ) Education, Mantralaya, Mumbai. ) (Resp. No. 4 & 5 to be served ) through Addl. Govt. Pleader, ) Bombay High court). )..Respondents Mr. Anilkumar Patil, Advocate, for the Petitioners. Mr. M.S.Karnik, Advocate, for Respondents Nos. 1 to 3. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE: 9th April, 2008. DATE: 9th April, 2008. DATE: 9th April, 2008. 4 P.C. P.C. P.C. 1. Following are the admitted facts :- . This Petition has been filed by the petitioners who are working with the Respondent No.1 - Institution for grant of pay scales as per the recommendation of the Vth Pay Commission with effect from 1.1.1996. It is common ground that all the petitioners, except petitioner Nos. 12, 17, 18, 20 and 21, have settled the matter with the management and their grievance does not survive. It is also common ground that those petitioners have been given benefit of the pay scales recommended by the Vth Pay Commission with effect from 1.1.1996. That pay fixation has been done with effect from 1.1.1996, but the actual payment has been made with effect from 1.2.2001. 2. Learned Counsel appearing for Respondent Nos. 1 to 3 states that within a period of eight weeks from today, in relation to petitioner Nos. 12, 17, 18, 20 and 21 also pay fixation will be done in the scales recommended by the Vth Pay Commission with effect from 1.1.1996, but the actual payment would be made with effect from 1.2.2001. He further states that arrears have not been paid to the other petitioners. Therefore, 5 arrears will not be payable to the petitioner Nos. 12, 17,18, 20 and 21 also. The statements are accepted. 3. Learned Counsel appearing for the petitioners states that in view of the statements made on behalf of the Respondent No.1, the grievance of the petitioner Nos.12, 17, 18, 20 and 21 also does not survive. In view of this, the Petition is disposed of. Rule discharged. No order as to costs. -- (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)