Pandharinath Sonaji Borade And Others v. The State Of Maharashtra Through The Chief Secretary And Others

wp1439.23 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 108 WRIT PETITION NO.1439 OF 2023 PANDHARINATH SONAJI BORADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY AND OTHERS .....

Advocate for Petitioners : Mr. Avinash M. Lavharale h/f Mr. A.B. Gaikwad (Patil) AGP for Respondents 1 to 3: Mr. S.G. Sangle Advocate for respondent No.4: Mr. S.R. Yadav-Lonikar .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 7th FEBRUARY, 2023.

PER COURT :- 1.

These petitioners pray for the benefits of Assured Career Progression Scheme in the light of the judgment dated 06.02.2019, delivered by this Court in writ petition No. 2605 of 2017 and the judgment dated 02.08.2022, delivered by this Court in writ petition No. 8009 of 2021.

2.

We have considered the submissions of the learned advocate for the petitioners. Since a short issue is involved, we requested Shri Yadav, the learned advocate, who is on the panel of Zilla Parishad, Parbhani, to cause his appearance in this matter. 3.

The petitioners have approached this Court directly without moving an application to the Zilla Parishad. A legal notice has been

wp1439.23 -2issued by the advocate representing the petitioners, on 08.10.2022. 4.

In view of the above, this petition is disposed off, granting liberty to the petitioners to make a comprehensive representation to the respondent, by citing the aforesaid two judgments, delivered by this court.

5.

We expect the Chief Executive Officer, Zilla Parishad, to respond to the said representation on it's own merits and by considering the law and the judicial pronouncements, as expeditiously as possible and preferably, on or before 31.03.2023. If the petitioners are held entitled, the benefits be extended to them. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/