Ca 649.11 1 IN THE HICH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.649/2011 IN WRIT PETITION NO.6268/2006 Shashikant A.Shiral Petitioner Vs. The Educastion Officer (Secondary),Z.P.Solapur & Ors. Respondents Mr.S.G.Kudle for applicant Mr.I.M.Khairdi for res.6 Mr.Umesh Mankapure for Res.4 & 5 Mr.C.R.Sonawane ,AGP forRes.1 to 3 CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE -1st April,2011 P.C. . Heard counsel for the parties. The petitioner has been promoted in B.Ed.scale with effect from 1/5/2008 .The petitioner, however, is seeking declaration that he is entitled to revised B.Ed.scale with effect from 8/2/1993 which is the date of his initial appointment. However, that is the matter which will be decided in Writ Petition . For the present, by Ca 649.11 2 way of this application the petitioner prays , since the petitioner has been promoted in B.Ed.scale since 1/5/2008, at any rate the petitioner is entitled for fixation of his pay scale in B.Ed. scale from1/5/2008 . Whereas, the appropriate authority has fixed revised B.Ed.pay scale of the petitioner only from 1/12/2009 . No justification for such view taken by the appropriate authority is forthcoming especially when the respondent-management concedes that the petitioner was promoted in revised B.Ed.pay scale with effect from 1/5/2008. If that position is not in dispute the petitioner is entitled for fixation of revised pay scale with effect from 1/5/2008 and not from 1/12/2009 as fixed in terms of order passed by the appropriate authority. 2 We, therefore, direct the respondents to take steps to fix revised pay scale of the petitioner from 1/5/2008. However, we make it clear that the same would be subject to the outcome of the present petition and in the event the petition fails or any Ca 649.11 3 adverse order is passed against the petitioner, the petitioner will have to reimburse the excess amount availed by him on account of the fixation of revised pay scale from 1/5/2008. All questions in that behalf are kept open. The respondents shall take necessary steps to extend the facility of revised pay scale to the petitioner with effect from 1/5/2008 as expeditiously as possible in any case not later than 8 weeks from today. The application is disposed of, accordingly, on above terms. (MRS.MRIDULA BHATKAR) (A.M.KHANWILKAR ,J.)