Murlidhar Baliram Dhumak v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:8465-DB ( 1 ) wp3904.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO. 3904 OF 2024 MURLIDHAR BALIRAM DHUMAK

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.N.R. Thorat, Advocate for the Petitioner.

Mr.S.B. Pulkundwar, AGP for the Respondent/State.

CORAM

: RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATED : 17.04.2024 PC :- 01.

The Petitioner has putforth prayer clauses (A) and (B), which read as under :- "A) This writ petition may kindly be allowed, By issuing Writ of mandamus or any other Writ, order of directions in the like nature, direct respondent authority to decide applications dtd. 03.11.2020, 04.01.2021, 09.03.2021, 07.06.2021, 21.09.2020, 03.10.2023, 11.04.2012 and 11.04.2012 and further direct to consider the claim of the petitioner for promotional benefit like other servant.

B) Kindly be declared and hold that petitioner is entitle for two times time bound promotion and promotion benefits like other servant." 02.

The Petitioner was appointed on 11.03.1981. He submits that, after having completed almost 43 years in employment, he superannuated on 30.06.2012. He claims to be entitled to the time bound promotion scheme as per the Government Resolution dated 08.06.1995.

( 2 ) wp3904.24 03.

The learned AGP representing the Respondents submits that, thereafter, the Government Resolutions dated 20.07.2001, 01.04.2010 and the clarificatory Government Resolution of 23.12.2015, have been introduced. The case of the Petitioner will have to be scrutinized, keeping in view the judgment of the Full Bench dated 12.04.2024 in Writ Petition No. 2394 of 2015 [Smt. Sunanda Ashok Sonawane Vs.The District Judge & Ors.]. 04.

In view of the above, considering that this Writ Petition has been filed after almost a decade post retirement, the Petitioner would not be entitled for the interest component. The Respondents/Authorities shall scrutinize his claim, and if he is found to be eligible for the benefits of the said scheme, the same would be quantified and be paid by way of arrears within a period of 120 days.

05.

In the light of above directions, this Writ Petition is disposed off. [R.M. JOSHI,J.] [RAVINDRA V. GHUGE,J.] snk/2024/APR24/wp3904.24