1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1317 OF 2011 Dr.Mrs Swati Mukund Zambre ..Petitioner Vs The Principal, B.Y.K.College of Commerce & Ors. .. Respondents Mr. S.V.Pitre, Advocate, for the Petitioner. Ms.V.B.Mohite h/f Mr V.S.Talkute for respondent no.1. Mr C.R.Sonawane, AGP, for respondent nos 2 and 3. CORAM : D.B.BHOSALE & K.K.TATED,JJ. DATE : 15/11/2011 PC: 1. Rule. Returnable forthwith. Learned counsel for the respondents waive service. By consent, petition is taken up for final disposal and heard finally. 2. By this writ petition, the petitioner has impugned the decision taken by the respondents to withdraw the benefit of two increments granted to him with effect from July,1998 and April,2 010. Mr Pitre, learned counsel for the petitioner, at the outset, submitted that this decision of the respondents was taken without giving an opportunity of hearing to the petitioner. He submits that the petitioner was even not given either a show T 2 cause notice or informed about such action being taken against him. Mr.Sonawane, learned AGP, on instructions from Archana Borhade, Administrative Officer, Joint Director of Higher Education, Pune, admits that the action of withdrawing of two increments was taken against the petitioner without hearing the petitioner and he fairly submits that the matter may be remanded for reconsideration. 3. Having considered the submissions of learned counsel for the parties and overall facts and circumstances of the case, we are satisfied that the following order shall meet the ends of justice. (a) The action of withdrawing the benefit of two increments to the petitioner with effect from July 1998 and April, 2010 is set aside. The concerned authority-respondent no.2 shall give an opportunity of hearing to the petitioner and then pass fresh order in respect of the benefit of two increments granted to the petitioner. Respondent no.2 to hear the petitioner and decide the matter afresh as expeditiously as possible and preferably within a period of three months from the date of receipt of this order. (b) The petitioner is directed to appear before respondent no.2 on 30.11.2011 at 11 am along with a copy of this order. All contentions of the parties are kept open. (c) While passing this order, we shall not be understood to 3 have examined the issue whether the increments given to the petitioner in July, 1998 and in April,2010 were correct. With these observations, rule is made absolute. No costs. (K.K.Tated,J.) (D. B. Bhosale, J.)