Bhausaheb Kaduba Dandge And Others v. The State Of Maharashtra And Another
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 57 WRIT PETITION NO.6584 OF 2022 BHAUSAHEB KADUBA DANDGE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ....
Mr V. D. Sapkal, Senior Advocate i/b Mr S. R. Sapkal, Advocate for Petitioners;
Mr P. K. Lakhotiya, A.G.P. for Respondent No.1 Mr U. B. Bondar, Advocate for Respondent No.2 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 9th October, 2023 PER COURT:
1.
We have heard the learned Advocates for the respective sides and perused the petition paper-book with their assistance.
2.
A series of judgments have been delivered by this Court in hundreds of cases. Several such judgments delivered by this Court at the Nagpur Bench [B. R. Gavai (as His Lordship then was) and A. P. Bhangale, JJ.], dated 12/12/2012 in Writ Petition No.4882/2012 (Padmakar Panjabrao Maskey Vs. The Chief Executive Officer and others) and a group of cases. Thereafter, in hundreds of matters, this Court has followed the
(2) same law. The Petitioners have given their service details at Page No.192 of the petition paper-book. Despite the above, the Petitioners have not being given their benefits and, therefore, the Petitioners have put forth prayer clauses (B) and (C), as under :- "B] To quash and set aside the orders passed by the Chief Executive Officer, Zilla Parishad, Aurangabad granting benefit of First Time Bound Promotion of pay scale of Junior Engineer after attaining 45 years of age and Sectional Engineer after 24 years of service under Assured Career Progression Scheme, by issuing appropriate writ, order or direction as the case may be.
C] To direct the respondent Chief Executive Officer, Zilla Parishad, Aurangabad to grant benefit of first Time Bound Promotion of pay scale of Junior Engineer after 12 years of service and benefit of ACPS of pay scale of Deputy Engineer after 24 years of service and benefit of ACPS of pay scale of Executive Engineer after 30 years of service to all petitioners under Assured Career Progression Scheme with all consequential benefits along with arrears." 3.
The learned Advocate representing Respondent No.2/ Chief Executive Officer, Zilla Parishad, Aurangabad submits that the representations of the Petitioners, dated 12/05/2021, received on 12/07/2021, are pending.
4.
In view of the above, this Writ Petition is disposed off, with a direction that Respondent No.2/ Chief Executive
(3) Officer, Zilla Parishad, Aurangabad would personally go through the judgments placed on record in the petition paper-book. So also, he would peruse the judgments delivered by the Hon'ble Supreme Court in State of Uttar Pradesh and others Vs. Arvind Kumar Srivastava, (2015) 1 SCC 347, and pass appropriate orders on the claims of these Petitioners, on or before 10/11/2023. We make it clear that the said order shall be in tune with the judgments delivered by this Court and the Hon'ble Supreme Court.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk