Khude Yadoji Raghoji And Others v. The State Of Maharashtra Through Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.11518 OF 2022 MAHESH SUNDARRAO DESHMUKH AND OTHERS WRIT PETITION NO.11519 OF 2022 PRADIP FAKIRA DALVI AND OTHERS WRIT PETITION NO.1735 OF 2023 KHUDE YADOJI RAGHOJI AND OTHERS 916 WRIT PETITION NO.13033 OF 2022 GANESH JANARDHAN AMBRE AND OTHERS WRIT PETITION NO.13031 OF 2022 NAVNATH DIGAMBAR SAWARGAWE AND OTHERS

(2) WRIT PETITION NO.13032 OF 2022 SUDHIR ATMARAM PATIL AND OTHERS ....

Mr Balaji S. Shinde, Advocate for petitioners; Mr S. G. Karlekar and Mr S. G. Sangle A.G.Ps. for respondents/State in respective petitions Mr U. S. Mote, Advocate for respondent Nos.6 to 8 in WP/11518/22 Mr N. V. Mirajkar, Advocate h/f Mr Vinayak Narwade, Advocate for respondent No.7 in WP/11519/22 Mr A. D. Aghav, Advocate for respondent Nos.6 to 8 in WP/13033/22 Mr S. B. Pulkundwar, Advocate for respondent Nos.6 to 8 in WP/ 13031/22 Mr U. S. Patil, Advocate for respondent Nos.6 to 8 in WP/13032/22 1048 WRIT PETITION NO.10495 OF 2022 JJYOTIKA NARAYAN PATIL AND OTHERS WRIT PETITION NO.10496 OF 2022 SOU MONIKA VIJAY CHOUDHARI AND OTHERS WRIT PETITION NO.10497 OF 2022 TAPIRAM TARACHAND PATIL AND OTHERS

(3) WRIT PETITION NO.10498 OF 2022 PRIYA PRAKASH KUMAVAT AND OTHERS ....

Mr Rajdeep S. Banik, Advocate for petitioners Mr S. G. Karlekar and Mr S. G. Sangle, A.G.Ps. for respondents/State in respective petitions CORAM : RAVINDRA V. GHUGE SANJAY A. DESHMUKH, JJ.

DATE : 10th February, 2023 PER COURT:

1.

Writ Petition No.1735/2023 was not on board. By the consent of the parties, taken on board.

2.

In Writ Petition No.11518/2022, the name of Sanjay Kisan Sormare was inadvertently not added in the array of the petition, though his name is mentioned in the Vakalatnama and he has also signed the Vakalatnama. Leave to add the said petitioner is granted.

(4) 3.

All these petitioners are identically placed and they pray for identical directions to the Government, that a Committee for the removal of anomalies in the pay-fixation of senior pay-scale (Chattopadhyay Scale under the 7th Pay Commission) will have to be constituted and the salaries of these petitioners would increase by 22%.

4.

It is also not disputed that, in some of these matters, their employers had taken a stand that, they had received higher pay-scales accidentally under the 6th Pay Commission recommendations. This lead to an erroneous pay-fixation after the introduction of the 7th Pay Commission benefits. Hence, the employer/establishment has contemplated recovery of the excess amounts paid.

5.

By an order dated 06/12/2022, this Court has protected the petitioners against recovery.

6.

The learned A.G.P. submits on instructions that, a decision was taken on 10th January, 2023 by the State Cabinet to publish the Second Part of 7th Pay Commission and the minutes were confirmed on 31/01/2023 about within a what period of time, the Government Resolution would be published. He expects that the

(5) authorities would look into the grievance of the petitioners, on or before 30/06/2023 and the decision would be accordingly taken. 7.

In view of the above, these petitions are disposed off, by recording the above statements. We expect that the grievance of these petitioners would be considered by the Competent Authority/Committee, which would be constituted by the State Government and the decision thereon would be arrived at, on or before 30/06/2023.

8.

Needless to state, the order passed by this Court earlier, restraining the respondents from initiating recoveries against these petitioners and similarly situated employees, would continue to protect them till 30/06/2023. The decision of the Government, subject to any challenge, would thereafter enable the Government to initiate appropriate steps. Meaning thereby, if lesser amounts have been paid, the same shall be paid to these petitioners. The issue as regards excess amounts paid, is left open, and if the petitioners are aggrieved by the same, they are at liberty to avail of the remedy, as is permissible in law.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk