Kailash Manasram More And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:10602-DB 27-CA-2985-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO. 2985 OF 2025 IN WP/15184/2017 KAILASH MANASRAM MORE AND OTHERS

VERSUS

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

Mr. Talekar and Associates- Advocate for the Applicants Ms. V. N. Patil Jadhav, AGP for the Respondents-State ....

CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 07.04.2025 PER COURT :- .

Heard, the learned advocate for the Applicants as also the learned AGP.

2.

By way of Civil Application, the original petitioners are seeking modification/clarification in respect of the order dated 13.02.2025 whereby the Petition was allowed.

3.

It is being pointed out by the learned advocate, and the learned AGP fairly concedes that the petitioners were seeking to include the posts of Instructor and Tradesman in the

(( 2 )) 27-CA-2985-25 Government Resolution dated 26.04.2012. They are unanimous abut the fact that considering the specific pleadings in Paragraph Nos. 17 and 19, the petitioners' salaries were already fixed under the 5th and 6th pay recommendations and during the pendency of the Petition even their pay was fixed as per the 7th pay recommendations, the issue had cropped when the proposal was forwarded to the accounting office-respondent No.5, which had, for the first time raised objection on the ground that the aforementioned posts were not covered by the Government Resolution dated 26.04.2012. 4.

Once it has been found that the petitioners were entitled to consider as Instructor and Tradesman and the post was required to be added in the Government Resolution dated 26.04.2012, the directions regarding payment of arrears as mentioned in paragraph No.17 would be redundant.

5.

In the light of the above, paragraph Nos. 14 and 17 of the order dated 13.02.2025 shall be deleted and a fresh order shall be uploaded.

6.

The Civil Application is disposed of.

[ PRAFULLA S. KHUBALKAR, J. ] [ MANGESH S. PATIL, J.] HRJadhav