1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.2294/2008 Arun s/o Bhiwaji Mate and others ...Versus... The State of Maharashtra, through Secretary of Urban Development Department Mantralaya, Mumbai and another --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Ms V.P. Thakre, Adv. for petitioners] [Shri D.B. Yengal, AGP for respdt. No.1] CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED :- 18.10.2010 Heard. Learned Counsel for respondent No.2 is absent. In the order dated 13.06.2008 this Court has recorded statement of the learned Counsel for respondent No.2 – Municipal Council that he does not dispute that the petitioners are entitled to receive salary according to the recommendations of the 5th Pay Commission, but for lack of funds, the Municipal Council is unable to pay the same. The petition was kept pending in view of the stay granted by the Hon'ble Apex Court in Petition for Special Leave to Appeal (Civil) No.1848/2008. Admittedly, the said Special Leave Petition is dismissed on 05.12.2008. In this view of the matter, the petition is disposed of by directing respondent No.2 – Municipal Council to pay difference of arrears of salary in accordance with the 5th Pay Commission within a period of three months from today. Writ Petition stands disposed of. No order as to costs. JUDGE JUDGE SSW