Umesh Sidram Dhote v. Zilla Parishad Nanded Through Chief Executive Officer And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 WRIT PETITION NO.5781 OF 2021 UMESH SIDRAM DHOTE

VERSUS

ZILLA PARISHAD, NANDED & OTHERS ...

Advocate for the petitioner : Mr.N.S.Shah AGP for the respondent-State : Mrs.R.P.Gaur ...

CORAM : RAVINDRA V. GHUGE & S.G.DIGE, JJ.

DATE : 06.04.2022 P.C. :

1.

None present for respondent nos. 1 to 4.

2.

The petitioner has put forth prayer clauses-B, C and D, as under:

B) Rule may kindly be made absolute and by issuing writ of mandamus or any other appropriate writ or direction in the like nature the respondent authorities be directed to revise the pay scale of the petitioner as per 7th Pay Commission and the respondent authorities be further directed to pay the salary to the petitioner with all consequential benefits including arrears.

C) The respondent nos. 4 be further directed to initiate the enquiry under Rule 8(1) of the Maharashtra Zilla Parishad (Discipline and Appeal) Rules, 1964 against the concerned officers of the respondent no.4 office; or D) The respondent no.4 be directed to submit enquiry report to the respondent no.2 accordance with the direction of the respondent no.2 vide letter dated 04/10/2017.

3.

A representation addressed to the Chief Executive Officer, Zilla Parishad, Nanded, dated 01.02.2021 is pending. Considering the above, we are disposing off this petition with a direction to respondent no.1 - Chief Executive Officer, Zilla Parishad, Nanded, to cause a proper enquiry into the representation of the petitioner and assess as to whether he is entitled to the pay scale as is recommended by the 7th Pay Commission. A decision on the grievance voiced should be taken, as expeditiously as possible and preferably on or before 31st May, 2022. 4.

We permit the petitioner to serve a copy of this order along with an additional copy of his representation dated 01.02.2021, directly to the Chief Executive Officer, Zilla Parishad, Nanded.

5.

Pursuant to the above, if the grievance of the petitioner is not redressed, he would be at liberty to avail of a remedy as is permissible under law.

[S.G.DIGE, J.] [RAVINDRA V. GHUGE, J.] DDC