Ravichandra Bhujangrao Suknikar v. The State Of Maharashtra Through Its Chief Secretary And Others

2024:BHC-AUG:14331-DB 6959.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6959 OF 2024 RAVICHANDRA BHUJANGRAO SUKNIKAR

VERSUS

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

Mr S. N. Zakade, Advocate for Petitioner;

Mr R. K. Ingole, A.G.P. for Respondent Nos.1 to 3/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 10th July, 2024 PER COURT:

1.

The Petitioner claims to be a 'Driver' on the Fire Brigade Department of Kinwat Municipal Council. He claims to have joined on 12/03/1999. His grievance is that, he is eligible for the Assured Career Progression Scheme (A.C.P.S.) benefits and after every 12 years, he should be getting an increment under the A.C.P.S.

2.

His first written representation to the Chief Officer of the Kinwat Municipal Council, is dated 13/02/2024 and it is contended that the same is still pending. It is conceded that the Petitioner is a 'workman' under Section 2(s) of the Industrial

6959.24wp (2) Dispute Act and an 'Employee' under Section 3(5) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

3.

In view of the above and since an innocuous prayer is made before us across the bar that, the representation of the Petitioner may be directed to be decided, this Writ Petition is disposed off. We expect the Municipal Council, Kinwat to deal with the representation of the Petitioner dated 13/02/2024, strictly in accordance with the policies and the schemes, if applicable, within a period of 90 days from today. If the Petitioner is aggrieved by the decision of the Municipal Council, he would be at liberty to approach the Industrial Court at Jalna for redressal of his grievance or raise an industrial dispute under the I D Act. 4.

We make it clear that, we have not expressed any opinion as regards the merits of the Petitioner's claim. 5.

A copy of this order shall be served by the Petitioner on the Chief Officer of the Kinwat Municipal Council, within a period of 15 days from today.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk