Somnath Kisan Pathave And ORS v. The State Of Maharashtra Thr. Chief Secretary And ORS
rsk 1 of 3 98-WP-3033-20-CORRECTED.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3033 OF 2020 Shivaji Vidyapeeth Sevak Sangh ...
Petitioner v/s.
State of Maharashtra Through Principal Secretary And Ors.
...
Respondents WITH WRIT PETITION NO.4006 OF 2021 Hanumant Chandrakant Upalavikar And Ors. .... Petitioners v/s.
State of Maharashtra Through Principal Secretary And Ors.
....
Respondents WITH WRIT PETITION NO.7207 OF 2021 Santosh Kondiram Kadam And Ors.
....
Petitioners v/s.
The State of Maharashtra Through Chief Secretary Mantralaya And Ors.
....
Respondents WITH WRIT PETITION NO.4548 OF 2021 Arun Trambak Khalkar And Ors.
....
Petitioners v/s.
State of Maharashtra Through Its Principal Secretary And Ors.
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Respondents WITH WRIT PETITION NO.7446 OF 2021 Digitally signed by RAJESHWARI SUBODH KARVE Date:
2022.05.02 11:01:46 +0530 RAJESHWARI SUBODH KARVE
rsk 2 of 3 98-WP-3033-20-CORRECTED.doc Somnath Kisan Pathave And Ors.
....
Petitioners v/s.
The State of Maharashtra Through Chief Secretary And Ors.
....
Respondents Mr. M. S. Topkar, for the Petitioners in WP No. 3033 of 2020. Mr. Yuvraj P. Narvankar, for the Petitioners in WP No. 4548 of 2021 and WP No. 4006 of 2021.
Mr. Prashant P. Raul, for the Petitioners in WP No. 7207 of 2021 and WP No. 7446 of 2021.
Mrs. S. S.Bhende, AGP for the State.
CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.
DATED : 11th APRIL, 2022.
P. C.
Heard.
2.
Rule. Rule is made returnable forthwith by consent of the parties.
3.
It is not in dispute that the facts and the issue involved in all these petitions are similar to one involved in the case of Dnyaneshwar Mahadeo Baraskar & Ors. vs. The State of Maharashtra and Ors., Writ Petition No.2894/2021 decided on 10/2/2022 at Nagpur and also in the case of Meghraj Annasaheb Pandit vs. The Director of Higher Education, Pune and Ors. in Writ Petition No.5363/2021 decided on 29/1/2022. We therefore partly allow the petition and uphold the validity of the
rsk 3 of 3 98-WP-3033-20-CORRECTED.doc impugned Government Resolutions and hold that these Government Resolutions would apply from their respective dates of issuance i.e. 7/12/2018 and 16/2/2019 respectively and that they would not apply to those who have already been accorded the benefits as per Government Resolutions dated 28/12/2010 and 15/2/2011. The impugned orders are quashed and set aside and we direct respondents to consider implementation of the scheme of 6th and 7th pay revision with all consequential benefits in accordance with law within a period of 8 weeks from the date of receipt of a copy of the order 4.
Rule is made absolute in the above terms. No costs. [G. A. SANAP, J.] [SUNIL B. SHUKRE, J.]