cp216.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ CONT. PETITION NO. 216 OF 2011 In WP/515/2011 ,With CA/7749/2011 ,In CP/216/2011 DEEPAK SHANKARRAO LAVEKAR VERSUS THE STATE OF MAH AND ORS ... Advocate for Petitioner(s) : Mr.A.V. Patil, Adv. h/f Mr. Gunale V.D. AGP for Respondent(s): Mr. D.R. Kale. ... CORAM : S.S. SHINDE, J. Dated: July 22, 2011 ... Heard. 2 This contempt petition alleges disobedience of the order passed by the Division Bench of this Court in Writ Petition No.515 of 2011 on 28th March, 2011. 3 The petitioner herein filed the aforesaid Writ Petition raising grievance that the order dated 8th October, 2010 passed by the respondent No.3 by which fixation of petitioner's pay as per 6th Pay Commission cp216.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ was withdrawn and recovery of excess payment made to him was directed. The said order was passed by the Education Officer (Secondary), Zilla Parishad, Nanded without giving an opportunity of being heard to the petitioner. 4 Therefore, considering the grievance of the petitioner in Writ Petition, the Division Bench disposed of the writ petition No.515 of 2011 on 28th March, 2011 with certain directions to the Education Officer, which are as under: "The Education Officer (Secondary), Zilla Parishad, Nanded, shall consider the said complaint afresh and take decision after giving an opportunity of beingheard 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 cp216.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ 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." 5 The contempt petition is filed by the petitioner stating therein that the order passed by the Education Officer on 23rd May, 2011 at Exh.F of the compilation of the contempt petition has been passed without hearing the petitioner. Therefore, according to the learned Counsel for the petitioner, there is breach / disobedience of the order passed by the Division Bench of this Court on 28th March, 2011 in the said writ petition. 6 In pursuant to the notice issued in this contempt petition, affidavit-in-reply was cp216.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ filed by respondent No.3. However, after perusal of the said affidavit-in-reply, this Court was not satisfied and therefore, the respondent No.3 was called upon to file further additional affidavit. The additional affidavit-in-reply has been filed by Ram /so Kisanrao Pawar, presently working as education Officer (Secondary), Zilla parishad, Nanded stating therein that he is ready to recall the letter / order dated 23rd May, 2011 issued by the Education Officer (Secondary), Zilla parishad, Nanded and he will call the parties for fresh hearing and after hearing the parties, decision will be taken afresh, in accordance with the provisions of law. He has further tendered unconditional apology to this Court for the inconvenience caused. 7 Therefore, in the light of the additional affidavit-in-reply, filed by the Education Officer stating therein he will recall the letter / order dated 23rd May, 2011 issued cp216.11 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ by the Education Officer (Secondary), Zilla parishad, Nanded and he will call the parties for fresh hearing and after hearing the parties, decision will be taken afresh, in accordance with the provisions of law, the contempt petition deserves to be disposed of. The petitioner to approach the Education Officer (Secondary), Zilla Parishad, Nanded and the Education Officer thereupon shall fix the date of hearing and pass fresh orders after hearing the parties. The contempt petition stands disposed of, accordingly. Notice stands discharged. (S.S. SHINDE, J.) PLK/*