SM 1 45.cp.425.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONEMPT PETITION NO. 425 OF 2009 Shri. Abnil Raghunath Ohol and others ....Petitioners. Versus Shri. Chandrakant Handore and others ....Respondents. ____________ Mr. Balasaheb Deshmukh for the Petitioners. Mr. S. V. Marne for the Respondent No. 3. Mr. A. I. Patel, AGP for the Respondent-State. CORAM: R. M. BORDE, J. DATED : NOVEMBER 24, 2011. P.C.: This court while disposing of the Writ Petition No. 2442 of 2008 directed the respondent-State to decide the representation tendered by the petitioner within three months from the date of the order. The grievance of the petitioner, who is serving as a Superintendent in Hostel run by the NGO is that, he has not been paid salary in the pay scale which is made admissible to the employees of Hostel run by the State Government. An affidavit-in-reply is presented by one Mr. N. Arumugam, Principal Secretary, General Administration Department, Mantralaya, Mumbai on 14th September, 2009 and it is stated in paragraph nos. 3 and 6 as noted below: “3. I say and submit that the contentions of the petitioners regarding the representations submitted by SM 2 45.cp.425.09 the petitioners are not admitted to this Respondent. The Government has fixed the policy regarding the grants given to the hostels run by the NGOs. A copy of the said Government Resolution is annexed herewith and marked as Exhibit-1. I say that it is pertinent to note that the Government has fixed the policy of providing assistance in grant in aid to this aided hostels for backward class students. I further say and submit that there are other hostels also which are totally run by our department. 6. I further say and submit that, the employees working in the Government Backward Class Hostels are duly recruited by the Government following the recruitment rules and therefore employees working in the Government Backward Class Hostels and those are working in the Grant-in-aid Hostels, cannot be treated as equal. It is important to note that, the employees working in the Grant-in-aid Hostels run by the NGO's are not the Government employees and hence the Government pay scales are not applicable to them and therefore the demand raised by the Petitioner is not just, legal and proper.” 2. It is the policy of the State Government to pay the remuneration to the employees serving in the hostels run by the NGO's and Grant-in-aid is admissible to the limited extent to schools, whereas the employees of the hostels run by the State Government are receiving salary and remuneration as per the pay scale prescribed by the Government. There was also a demand for increase of remuneration, which has been considered by the State Government and the State Government has issued a Resolution on 31st August, 2009, in which the remuneration admissible to the SM 3 45.cp.425.09 post of Superintendent which was prescribed as Rs.3,000/- from 1st April, 2004 has been increased by 50% and the Superintendents are made admissible to receive the remuneration to Rs.4,500/- from 1st September, 2009. The decision is taken in pursuance to the representation made by the employees of the same cadre. In view of the statement made in the affidavit-in-reply, the grievance made in the contempt petition does not survive and the representation, if any, tendered by the petitioners, stands answered. 3. The Contempt Petitioner stands disposed of. (R. M. BORDE, J.)