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2025 DAILYLAW 8108 (BOM)

SIDDIQUI FAKEHA SALAHUDDIN SIDDIQUI v. FATMA RAFIQ ZAKARIA

CP/102/2017 · 2025-09-25

Shri N B Suryawanshi, Smt Vaishali Patil Jadhav

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Judgment text

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102-2017 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 CONT. PETITION NO. 102 OF 2017 IN WP/11816/2015 Siddiqui Fakeha Salahuddin Siddiqui VERSUS Fatma Rafiq Zakaria And Others … • Mr. Dixit Sushant V., Advocate for the Petitioner • Mr. K. S. Patil, AGP for Respondents • Mr. P. S. Dighe, Advocate for Respondent No. 4 and 5 … CORAM : NITIN B. SURYAWANSHI AND SMT. VAISHALI PATIL – JADHAV, JJ. DATE : SEPTEMBER 25, 2025 P E R C O U R T : 1. Vide order dated 24.06.2025, we directed the contemnors to pay the arrears of salary of the petitioners in four (04) equal installments. The first installment was to be paid on 15.07.2025, the second on 15.10.2025, third on 15.01.2026, and the fourth on 15.04.2026. 2. Pursuant to the said order, the contemnors have paid the first installment. 3. Learned advocate for the petitioners disputed the calculation given by submitting that petitioner no. 4 is still in service and therefore, he is required to be paid arrears as per regular salary, by calculating the salary as per 6th Pay Commission. komal kamble 1/2 2025:BHC-AUG:27576-DB 102-2017 4. The contemnors have filed an affidavit on 15.09.2025 stating that the salary of petitioner no. 4 is now calculated till the month of August 2025, and the same is included in the four (04) equal installments as directed by this Court. Accordingly, the first installment, including the remaining amount of Rs. 17,52,318/- including TDS towards first installment of salary till August 2025 is paid to the petitioner on 15.09.2025. 5. It is further brought to our notice that petitioner no. 4 has filed a writ petition seeking approval to his transfer from a non-grant post to a grant-in-aid post. He is at liberty to prosecute the said petition and redress his grievance in the said writ petition. We are, therefore, not observing anything about petitioner no. 4 in this proceeding. 6. The petitioners are at liberty to seek 7th Pay Commission benefits by filing appropriate proceedings. 7. In view of the above conspectus, the contempt petition stands disposed of by directing the contemnors to strictly adhere to the schedule to comply with the directions given in the order dated 24.06.2025. [SMT. VAISHALI PATIL – JADHAV, J.] [NITIN B. SURYAWANSHI, J.] komal kamble 2/2