5-CP-21-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 21 OF 2020 WITH WRIT PETITION NO. 3196 OF 2022 Shubhangi Laxman Godse .....Petitioner Versus Vikas Chandra Rastogi, The Principal Secretary & Ors. .....Respondents WITH INTERIM APPLICATION NO. 16291 OF 2023 IN WRIT PETITION NO. 3196 OF 2022 The Principal Shri. Shivaji Maratha Societies Adhyapak Mahavidyalaya & Anr. .....Applicant Versus Shubhangi Laxman Godse .....Respondents ..... Mr. Sushant Prabhune, for the Petitioner. Mr. Prathamesh Bhargude for the Respondent Nos.5 and 6 in WP/3196/2022 & Respondent Nos. 7 & 8 in CP/21/2020. Mr. Rahul Kate for the Respondent Nos.10 to 17 in CP/21/2020. Mr. Rajendra Anbhule for the Respondent No.6. Smt. V.S.Nimbalkar, A.G.P for the Respondent-State. ..… CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 10th SEPTEMBER 2026 Wakodikar 1/5 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.09.11 14:15:49 +0530 5-CP-21-2020.doc P.C.:- 1. Heard learned Counsel for the petitioner and the learned Counsel appearing for the respondent-society. 2. The order of which breach is alleged is dated 2nd July, 2019 in WP/4074/2016 which reads as under : “1. Heard learned counsel for the parties. 2. It is not in dispute that salary to the teaching staff, even by non aided institutions but which were affiliated to recognize Universities, had to be in terms of the Office Memorandum dated 12 August 2009. Highlighting that the Office Memorandum has a retrospective operation from 1 January 2006, the salary of the teachers had to be fixed either in pay- band of Rs. 15,600-39,100 or pay-band Rs. 37,400-67,000 and appropriate Academic Grade Pay (AGP) varied with reference to year of service completed and educational qualifications of the teacher concerned. The norms thereof had been prescribed by University Grants Commission (UGC). 3. It is the case of the petitioner that he is entitled to receive salary in the pay-band of Rs. 15,000- 39,100 with AGP of Rs. 6000/- with effect from 14 August 2006 and AGP of Rs. 7000/- with effect from 14 August 2011. The reply filed by the respondents is wishy-washy and only pleads that the AGP applicable would be with reference to the number of years service rendered and educational qualifications of the petitioner. 4. The real issue not being highlighted in the pleadings. We dispose of the petition directing the respondent No. 9 to convey to the petitioner the reason for granting a particular AGP to the petitioner. The reason would be with reference to Wakodikar 2/5 5-CP-21-2020.doc the UGC guide-lines. If the petitioner is aggrieved by the reason given, the petitioner would be entitled to challenge the same by way of fresh writ petition. 5. The direction issued to respondent No. 9 shall be complied with within six weeks.” 3. The learned Counsel for the petitioner submits that the order passed by this Court has not been complied with in letter and spirit. It is submitted that though the communication / addressed by the society to the petitioner dated 11th September 2019, which the society says, is in response to the directions issued by this Court, the reply does not address the main issue involved. 4. Learned Counsel for the society invited our attention to the communication dated 9th August, 2019 addressed to the petitioner through the Principal, Shri.Shivaji Maratha Society, Adhyapak Mahavidhyalaya, Pune. The petitioner was called for a hearing. However, it is the stand of the petitioner that there are no specific directions issued by this Court in the order dated 2nd July, 2019 about the hearing, and hence the petitioner did not participate in the said hearing. 5. Though we find that the appropriate course for the petitioner is Wakodikar 3/5 5-CP-21-2020.doc to challenge the communication / letter dated 11th September, 2019 on merits as there has been a substantial compliance with the directions of this Court, the learned Counsel for the society states that if the petitioner appears before the Principal on 22nd September, 2026 at 3:00 PM, a fresh order would be passed after giving a proper opportunity to the petitioner and appreciating the concern of the petitioner and in terms of the directions which have been issued by this Court on 2nd July, 2019. 6. Learned Counsel for the society, therefore, has no objection for the communication / letter dated 11th September, 2019 being set aside. 7. Accordingly, the communication / letter dated 11th September, 2019 is set aside. The society to pass a fresh order in terms of the order dated 2nd July, 2019 passed by this Court after hearing the petitioner. 8. It is clarified that after taking into consideration the stand of the petitioner, the pay fixation of the petitioner shall be done in terms of the 6th Pay Commission entitlement with effect from 1st Wakodikar 4/5 5-CP-21-2020.doc January, 2006. 9. All contentions of the parties are kept open for compliance in accordance with the directions issued by this Court. 10. A decision be taken within a period of six weeks from 22nd September, 2026. The pay fixation exercise shall be done within the aforesaid period. 11. With the aforesaid directions, Contempt Petition No. 21 of 2020 is disposed of. 12. Writ petition be listed on 29th October, 2026. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 5/5