Kanake Gopal Ramdas And Others v. The State Of Maharashtra Thr Its Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.8701 OF 2023 1.
Kanake Gopal Ramdas Sunkalwad Krushnkant Laxman Gedam Nirmala Laxmanrao Kondapalkulwar Sachin Subhashrao Kumre Umatai Dharmaji 6.
Deotale Mangla Chakradhar 7.
Guhade Prakash Khandu 8.
Choupade Fattusing Mangalsing 9.
Bhalerao Rekhatai Ramrao 10.
Yelmewad Lalita Hanmatrao 11.
Kendre Shyamsundar Ramrao 12.
Borkar Laxman Devrao 13.
Jadhav Uttam Tukaram 14.
Bade Nivrutti Kerba 15.
Wakode Rashtrapal Pundlik 16.
Myakalwar Umakant Malyya 17.
Alewar Mukta Panpatrao 18.
Bhandarwar Archana Kashinath 19.
Rathod Ganesh Mersing 20.
Petkule Datta Shamrao 21.
Narpadwar Mina Devrao.
22.
Taru Vijaya Digambar 23.
Shelke Madhav Yogaji 24.
Dawre Yuvraj Nivrutti 25.
Bhurke Dhondba Hausaji 26.
Barge Anita Maroti 27.
Satpute Pandurang Datta 28.
Devkate Bharti Dhondu 1/6
29.
Deshettiwar Sangita Rajreddy 30.
Patil Trishala Gorakhnath 31.
Petkule Santosh Shesharao 32.
Jadhav Datta Bandu 33.
Rathod Shankar Dhondiba 34.
Daware Namdev Vitthalrao 35.
Itkepelliwar Al Ramrao 36.
Nemmaniwar Rameshwari Wamanrao 37.
Laad Vijayalaxmi Narayan 38.
Jaybhaye Shantaram Shrirang 39.
Madavi Chintamani Madhav 40.
Barge Kevlabai Maroti 41.
Kale Tukaram Parasram 42.
Chvhan Uttam Baba 43.
Kharode Kerba Punjaji 44.
Pawar Namdev Kishan 45.
Munde Yuvraj Madhavrao 46.
Dahiphale Sudhakar Namdev 47.
Nalamwar Satish Vijay 48.
Mode Vaijnath Nivruttirao 49.
Gothi Premsing Govardhan 50.
Muneshwar Bhimrao Pandhari 51.
Muneshwar Suresh Pandhari 52.
Wairagade Vinay Parasram 53.
Chandane Babu Gangaram 54.
Nemmaniwar Rani Mohanrao 55.
Jogdand Sunanda Keshavrao 56.
Shende Sagar Nagorao 57.
Bharne Sudhakar Ganpatrao 58.
Mundkar Babu Dadarao 59.
Rathod Ramrao Sakru 2/6
60.
Cherale Balaji Digambar 61.
Sangavikar Dhanrekha Nagorao 62.
Kurundkar Sharad Sakharam 63.
Selukar Shalini Vitthalrao 64.
Mundkar Madhav Dhondiba 65.
Gurnule Vinod Kishanrao 66.
Khupse Ramesh Kashinath 67.
Rathod Ashok Mangilal 68.
Karad Vishnu Namdevrao 69.
Bhaware Anil Sadashiv ... PETITIONERS
VERSUS
1.
The State of Maharashtra Through the Secretary Tribal Development Department, Mantralaya, Mumbai-32.
The Secretary, Rural Development Department, Mantralaya, Mumbai-32.
The Secretary, General Administration Department, Mantralaya, Mumbai-32.
The Secretary, Finance Department, Mantralaya, Mumbai-32.
The Divisional Commissioner, Aurangabad Division Aurangabad 6.
The Chief Executive Officer Zilla Parishad, Nanded.
7.
The Education Officer (Pri), Zilla Parishad, Nanded.
8.
The Block Development Officer, Panchayat Samiti Kinwat, Dist.Nanded ...
RESPONDENTS 3/6
...
Advocate for Petitioner : Mr. Balaji S. Shinde AGP for Respondent Nos.1 to 5 : Mr. P.S. Patil Advocate for respondent Nos.6 to 8 : Ms. Yogita Thorat ...
CORAM
:
MANGESH S. PATIL & SHAILESH P. BRAHME, J.J.
DATE :
20.07.2023 PER COURT :
In this petition, the identically placed petitioners have put forth prayer clauses (B), (C) & (D), which read as under :- "B) This Honorable court, by issuing appropriate writ, order or directions, in the like nature, direct the respondents to regrant and continue to pay One-step pay scale (Ekstar) to the Petitioners, though Petitioners entitled for time bound promotion till Petitioners works in Tribal/PESA area, as per G. R. dated 06.08.2002 and arrears of salary as per one step pay scale, and as per honorable High Court judgment dated 14.07.2021 in W.P. St. No. 9543/2021.
C) This Honorable court, by issuing appropriate writ, direct the respondents to fix the pay scale, as per Para-6 of G.R. dated 14.05.2019 and directed to be paid the salaries petitioners as per one step pay scale or pay scale which is more benefited to the petitioners and also directed to made available the option to apply the time bound promotion scale at appropriate time as per GR dated 14.05.2019 D) Pending hearing and final disposal of petition, this Honorable court, by issuing appropriate writ, order or directions, in the like nature kindly direct the respondents to pay the salaries of petitioners as per Ekstar (One-step pay scale)." We have considered the submissions of the learned advocates for the respective sides and have perused the series of orders passed by this Court in favour of similarly situated petitioners, which have been annexed to the petition.
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We do not find any such circumstances, which would convince us to take a different view.
The learned advocates representing the respective parties clearly state that the order passed by this Court at the Principal Seat, in Writ Petition No.8824/2021, dated 21/12/2021, is applicable to all these cases. In view of the above, this Writ Petition is allowed in the following terms :- (i) The impugned action of recovery initiated by the respondents is quashed and set aside.
(ii) The Block Development Officer, Panchayat Samiti Kinwat, Dist. Nanded - respondent No.8, shall scrutinize the records of all these petitioners and the places, at which they are deployed for performing their duties, within a period of eight
(8) weeks.
(iii) Those cases, which do not suffer from any legal impediment after verification, shall be cleared by respondent No.8 and the salary benefits, to which they are entitled to, in the light of the one-step pay-scale made available to the employees working in the tribal and PESA areas, shall be paid, along with their arrears, as well as their current salaries, within a period of four weeks thereafter.
(iv) After scrutiny, if any of these petitioners, on the basis of their records, are found to be ineligible, respondent No.8, would issue notices to each of such petitioners, so as to enable them to appear and address him.
(v) After such hearing, which shall be completed within four months from today, respondent No.8 shall pass appropriate orders and grant benefits of one-step pay-scale to those candidates, who are found to be eligible.
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(vi) Those petitioners, who suffer adverse orders after the above stated exercise is completed, would be at liberty to avail of a statutory remedy, as is permissible in law.
(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 6/6