Shaikh Rahim Fatteh Ahmed And Others v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8386 OF 2016 1.

Shaikh Rahim Fatteh Ahmed age 71 years, occ. Pensioner at post Wazar Tq. Degloor, Dist. Nanded 2.

Narayan Poma Pawar through LR Ruklabai Narayan Pawar age 60 years, at Shilvani Border Tanda Tq. Degloor, Dist. Nanded 3.

Rajesh Kerba Mane age 36 years, occ. Naik r/o as above.

Petitioners

Versus

1.

The State of Maharashtra Through its Secretary School and Education Department, Mantralaya, Mumbai 2.

The Assistant commissioner Social Welfare Department, Tq. & Dist. Nanded 3.

The Regional Commissioner Social Welfare Department, Tq. & Dist. Latur 4.

The Head Master Scondary Ashram School At Shilwani Border Tanda Tq. Degloor Dist. Nanded 5.

The Head Master Prathmik Ashram School

{2} At Shilwani Border Tanda Tq. Degloor Dist. Nanded 6.

The President Banjara Shiksan Prasarak Mandal at Shilwani Border Tanda Tq. Degloor, Dist. Nanded Respondents Mr. S.R. Kolhare, advocate for the petitioners. Mr. A.R. Borulkar, A.G.P. for Respondents 1 to 3. CORAM : R.M.BORDE & P. R. BORA, JJ.

DATE : 20th MARCH, 2017 ORAL JUDGMENT : ( PER R. M. BORDE, J.) 1.

Rule. Rule made returnable forthwith.

2.

Heard finally by consent of learned counsel for the respective parties.

3.

The issue raised in the instant petition is no more res integra in view of decision rendered in the matter of Prashant s/o Anandrao Borse & others Vs. The State of Maharashtra and others reported in 2015(7) All M.R. 213.

4.

The facts giving rise to the instant petition are also similar to the facts recorded in the decided matter. For the reasons recorded while disposing of the petition presented by Prashant Borse (supra), instant petition also deserves to be allowed. 5.

Respondent-State is directed to extend benefits of higher pay

{3} scale to the petitioner on completion of 12 years of qualifying service. Financial benefits arising from the aforesaid directions be extended to the petitioner, as expeditiously as possible, preferably within a period of 9 months from the date of this order. Rule made absolute in above terms. There shall be no order as to costs. ( P. R. BORA ) ( R.M.BORDE ) JUDGE JUDGE dyb