Maruti Govindrao Vipat v. The State Of Maharashtra And ORS.
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6093 OF 2018 Shri Bhagwan Yeshwant Pawar .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents WITH WRIT PETITION NO. 6092 OF 2018 Shri Maruti Govindrao Vipat .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents WITH WRIT PETITION NO. 10748 OF 2018 Abdul Raheman Suleman Mulla .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents Ms.
Savita Suryavanshi a/w Stenna Fernandes for petitioners.
Mr. M. M. Pabale, AGP for respondent no.1.
Mr. Rajesh S. Datar for respondent no.3.
CORAM: DIPANKAR DATTA, CJ. & ABHAY AHUJA, J.
DATE : NOVEMBER 29, 2022 P.C.:
1.
There are three writ petitions on board. In view of the commonality of facts giving rise to the writ petitions, we have heard the same together. All three writ petitions shall stand disposed of by this common order.
2.
The petitioners are retired employees of Khopoli Nagarparishad (hereafter "the said Nagar Parishad", for short). By instituting these writ petitions, they seek order on the Chief Officer of the said Nagarparishad to grant benefits of Assured Career Progression Scheme as well as for fixation of pay "as per Rule and pay the difference of pay and allowances as per 6th Pay Commission along with increment". There is also a prayer for direction for payment of difference in pension, gratuity, commuted pension and payment of leave salary, etc. together with interest @ 12% thereon.
3.
All the three petitioners appear to have made separate representations seeking the aforesaid benefits. Till date, the representations have not been disposed of one way or the other.
4.
In our view, instead of calling for reply-affidavits from the Chief Officer of the said Nagarparishad, interest of justice would be sufficiently served if the said Chief Officer is directed to consider the petitioners' representations upon granting them opportunity of personal hearing and arriving at a decision as to whether any or all of the petitioners are at all entitled to the benefits as claimed in the said representations. It is ordered accordingly 5.
Let the representations be considered and disposed of in the manner indicated above as early as possible but preferably within 60 (sixty) days of receipt of copy of this order.
6.
No costs.
7.
All contentions are left open for the petitioners to urge before the Chief Officer of the Nagarparishad for an appropriate decision by him. If the representations are rejected, the same must be supported with reasons. (ABHAY AHUJA, J.) (CHIEF JUSTICE) Digitally signed by SALUNKE J V Date:
2022.11.30 11:36:41 +0530 SALUNKE J V