The High Court dismissed a writ petition filed by an association of retired municipal employees claiming arrears of pay scale from 1996 to 2001. The Court held that the enormous delay of 14 years barred relief in the writ jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
903-ASWP6108-10.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6108 OF 2010
Kolhapur Mahanagar Palika & Anr
Versus
The State of Maharashtra & Ors
...Petitioners
...Respondents
Mr Suresh S Pakale, i/b Shankar Katkar, for the Petitioners.
Mr VM Mali, AGP, for Respondents Nos. 1 & 2-State.
Mr SS Patwardhan, for Respondent No. 3.
CORAM: S. C. Dharmadhikari & G. S. Patel, JJ. DATED: 18th September 2019
PC:-
1.By this Writ Petition under Article 226 of the Constitution of
India, the Writ Petitioners who are an Association of retired
employees in the service of Municipal Corporation, namely,
Kolhapur Municipal Corporation are claiming arrears of the pay-
scale and which is a revised pay scale as per the recommendations of
the 5th Pay Commission. The arrears are claimed for the period
from 1st January 1996 to 30th September 2001.
2.The Writ Petition itself is filed after the Petitioners realised
that their members are deprived of these arrears. However, this Writ
Page 1 of 2 18th September 2019
903-ASWP6108-10.DOC
Petition is filed on 20th July 2010. There is absolutely no cause
much less a reasonable one shown for this enormous delay.
3.We do not think that the members of Petitioner No. 1 -
Association can be assisted in writ jurisdiction when their claims are
barred by delay and latches. On that ground alone, the Writ Petition
is dismissed. There will be no order as to costs.
(S. C. DHARMADHIKARI, J)
(G. S. PATEL, J)
Page 2 of 2 18th September 2019
1 issue framed by the court
Whether a writ petition for arrears of revised pay scale filed after 14 years of delay can succeed.
Kolhapur Mahanagar Palika & Anr
The State of Maharashtra
S. C. Dharmadhikari
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court