WP 515/11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.515/2011 Deepak Shankarrao Lavekar. ...Petitioner.. Versus The State of Maharashtra & four others. ...Respondent... ..... Shri A.V. Patil, Advocate h/f V.D. Gunale, Advocate for petitioner. Shri B.V. Wagh, AGP for respondent nos.1 to 3. Shri A.G. Godhamgaonkar, Advocate for caveator. ..... CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. DATE: 28.03.2011 PER COURT : 1] Heard learned counsel for the parties. Rule. Rule is made returnable forthwith. The petition is taken up for final hearing at the stage of admission with the consent of learned counsel for the parties. WP 515/11 - 2 - 2] This writ petition impugns the order dated 8.10.2010 passed by respondent no.3, by which fixation of the petitioner's pay as per the Sixth Pay Commission has been withdrawn and recovery is directed of the excess payment made to him. Admittedly, this order has been passed by the Education Officer (Secondary), Zilla Parishad, Nanded, without giving an opportunity of being heard to the petitioner. It is not clear either from this order or from the reply affidavit filed as to whether the petitioner is entitled for salary as per the Sixth Pay Commission. 3] Shri A.G. Godhamgaonkar, learned counsel for Kerba Laxman Bidwai, who claims to be the President of respondent no.4 institution also is not in a position to state whether the petitioner is entitled for salary as per Sixth Pay Commission. It appears that there are disputes in the management and they are pending before the Charity Commissioner. We do not wish to enter into these controversies and having regard to over all facts and circumstances of the case and more particularly the fact that the impugned order has been passed without hearing the petitioner, we are satisfied that this petition deserves to be disposed of by the following order: 4] The order dated 8.10.2010 passed on the complaint filed by Kerba Laxman Bidwai, who claims to be the President of respondent no.4 - institution, is set aside. There is no dispute that the impugned order is passed on the said complaint, which is placed on record by learned AGP along with the affidavit dated WP 515/11 - 3 - 8.10.2010 as Exhibit R-1. The Education Officer (Secondary), Zilla Parishad, Nanded, shall consider the said complaint afresh and take decision after giving an opportunity of being heard to the petitioner and to the management / Kerba Laxman Bidwai or any other concerned, as expeditiously as possible and preferably within a period of eight weeks from the date of receipt of this order. We expect the Education Officer to record his reasons, if for any reason, he is not inclined to grant the prayer of the petitioner of salary as per Sixth Pay Commission. It is needless to mention that the Education Officer, while deciding the complaint, shall take into consideration various circulars / Government resolutions issued from time to time and more particularly the circulars dated 6.3.2010 and 28.5.2010 issued by the Director of Education annexed to the writ petition. With these observations, Rule is made absolute in above terms. (M.T. JOSHI, J.) (D.B. BHOSALE, J.) ndk/283111