Nitin Eknath Dhamne And Others v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9367 OF 2017 NITIN EKNATH DHAMNE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.K.G. Kshirsagar, Advocate for the petitioners. Mr.A.R. Kale, AGP for respondent/State.

CORAM :

PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

15.01.2019 P.C. :- 1.

Heard learned Counsel for the petitioners. In view of the submissions of learned Counsel, we are of the opinion that the petition can be disposed of safely by issuing directions to the respondents.

2.

The grievance raised in the petition is of nonconsideration of the representation to the respondents and more particularly to the Hon'ble Minister holding portfolio of Rural Development Department and the representations to other authorities like Dy. Secretary, Pay Revision Division of Finance Department, the President of Pay Revision Committee formed by the State of Maharashtra for considering

( 2 ) the benefits of Sixth Pay Commission. Learned Counsel fairly submitted that as there is some change in the political scenario, the representations submitted to the Hon'ble Minister at the relevant time may lose its efficacy and the learned Counsel further submitted that the petitioner be permitted to submit fresh representations to the respondent authorities. Learned Counsel further submitted that post filing the petition the Pay Revision Committee for considering grant of Sixth Pay Commission benefit is also dissolved and new committee is constituted under the Chairmanship, namely, Seventh Pay Commission of the State of Maharashtra. Learned Counsel submits that the petitioner be permitted to submit representations to all these authority and the authorities be permitted to consider the revision expeditiously.

3.

This prayer being reasonable one and by issuing such directions, no prejudice is going to cause to the respondents as these representations would be decided on merits of the representations, the petition is disposed of with liberty to the petitioners to submit fresh representations to the respondent - authorities within three

( 3 ) weeks from today. If such representations are submitted to the respondent - authorities within three weeks, the respondent - authorities to decide the same as expeditiously as possible and preferably within 12 weeks from the date of receipt of the representation, needless to mention, on merits of the representation.

4.

With these directions the writ petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/JAN19/wp9367.17