1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CONTEMPT PETITION NO. 67 OF 2008 IN CIVIL APPLICATION NO. 2837 OF 2005 IN CIVIL APPLICATION NO. 1824 OF 2006 IN CONTEMPT PETITION NO. 178 OF 2005 IN WRIT PETITION NO. 3129 OF 2004 (Sou. Padmavati Ambadas Damke and another .v. Smt. Sharvari Gokhale and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.P. Bhandarkar, Advocate for the petitioners. Smt. B.H. Dangre, Additional GP for the respondents. CORAM : SMT. VASANTI A. NAIK, J. 16TH FEBRUARY, 2009. Heard the learned Counsel for the parties. By this petition, the petitioners seek initiation of action against the respondents for acting in breach of the orders passed by this Court dated 07.02.2005 and 25.04.2005 in Writ Petition No. 3129 of 2004. It appears that by an order dated 07.02.2005, the respondents to that petition were directed to release the salaries and allowances of the petitioners in April, 2005 and continue to pay the salary and allowances regularly. 2 By an order dated 25th April, 2005, the order dated 07.02.2005 was modified and the petitioners were granted interest at the rate of six per cent per annum. It is the case of the petitioners that the order passed by the Division Bench on 7th of February 2005 in Writ Petition No. 3129 of 2004 has not been complied with, till this date. The respondent No.3 has filed an affidavit in reply stating therein that during the pendency of the contempt petitions, the School Education and Sports Department has arrived at a decision in regard to the application of benefit of Fifth Pay Commission to the employees of Shramik Vidyapeeth where the petitioners were working and the government has, by resolution dated 05.02.2009, granted approval for the applicability of the revised pay scale as per the Fifth Pay Commission to the employees working in Shramik Vidyapeeth with effect from 01.01.1996. It is further stated in that affidavit that the payment of arrears accruing due to the said revision would be amounting to Rs.30,28,719/- and the State has also permitted for the disbursement of the mount to the petitioners and the similarly situated persons. It is stated in the affidavit that it is clear from the aforesaid facts that the grievance of the petitioners in regard to the non 3 applicability of the recommendations of the Fifth Pay Commission to the employees of Shramik Vidyapeeth is now redressed and the contempt proceedings against the answering respondents may be dropped in the interest of justice. I have considered the submissions made on behalf of the parties and perused the order of which the contempt is alleged, as also the affidavit filed on behalf of the respondent No.3. Today, the learned Additional Government Pleader makes a statement that the amount due and payable which includes arrears of salary and interest at the rate of six per cent per annum would be paid to the petitioners in terms of the order dated 07.02.2005, by the respondents before 31st of March 2009. In view of the submissions made in the affidavit in reply as also the statement made by the learned Additional Government Pleader, it is necessary to drop the contempt proceedings against the respondents. The contempt proceedings against the respondents are hereby dropped. The contempt petition is disposed of accordingly with no order as to costs. JUDGE *rrg.