Mahrarashtra Rajya Zilla Parishad Arogya Seva Karmachari Sangathana v. Tatyasaheb Chindha Pawar And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 16300 OF 2017 Maharashtra Rajya Zilla Parishad Arogya Seva Karmachari Sanathana, Nashik through its Members ..Petitioners Vs The State of Maharashtra and ors.

..Respondents Mr. S.J. Nandode for the Petitioners.

Mr. A.P. Vanarse, AGP for Respondent No.1 - State. Mr. A.R. Kapadnis for Respondent No.3.

CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 25, 2017.

P.C. :

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Not on board. In view of urgency, taken on production board.

2] The petitioners claim to be Union and representing the case of its members including petitioner Nos.1 to 61. 3] The grievance of the petitioners is that respondent No.3 has not taken any decision in regard to their representation seeking grant of promotion and/or time bound promotion, pay scale, selection grade and counting of service as continuation in service after their 1/3

2 p-512-wp-st-16300-17.sxw transfer from Maleria Department of Zilla Parishad, Nashik to Zilla Parishad Nashik, by condoning technical breaks in service after their transfer to Zilla Parishad Services, fixation of pay scales after time bound promotion scale.

4] It is also the case of the petitioners-Union that the employees who were continued in the service of Maleria Department have been extended the aforesaid benefits whereas the petitioners being transferred their matters have not been considered. 5] Today, when the matter came up for hearing, it has been prayed by learned counsel for the petitioners that this petition may be disposed of by directing respondent No.3 - The Chief Executive Officer, Zilla Parishad to consider and take appropriate decision in regard to the petitioners' representations (Exhibit-D) in accordance with law as expeditiously as possible.

6] Having regard to the aforesaid limited prayer, without commenting any opinion about the merits of the petitioners' claim, we are inclined to dispose of this petition by directing respondent No.3 to 2/3

3 p-512-wp-st-16300-17.sxw consider and take appropriate decision on the said representations. 7] We also grant liberty to the petitioners to submit a detailed representation with supporting documents before respondent No.3 within one month from today. On receipt of such representations, respondent No.3 shall consider the same and take appropriate decision, in accordance with law as expeditiously as possible and preferably within four months from the date of receipt of the fresh representation.

8] With aforesaid direction, this petition is disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) 3/3