Rambhau Abaji Gulve Alias Ramdas Abaji Gulve v. The State Of Maharashtra Through The Principal Secretary And Others

2024:BHC-AUG:27365-DB 948 (2) correct.odt (1) This order is corrected as per order dated 21.11.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12244 OF 2024 Rambhau s/o Abaji Gulve @ Ramdas s/o Abaji Gulve

VERSUS

The State Of Maharashtra And Others ...

Advocate for the Petitioner : Mr. Shelke Shivaji T. AGP for Respondent/State : Mr. S.K. Tambe ...

CORAM : S.G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATED : NOVEMBER 14, 2024 PER COURT:- 1.

Heard learned counsel for the petitioner.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice for respondent nos.1 to 3. Respondent nos. 4 and 5 are formal parties. 4.

The petitioner has a case in brief that he made the representation to the Education Officer/respondent no.3 for his pay re-fixation on 11.03.2024. Learned counsel for the petitioner would submit that clause (8) of the Government Resolution dated 10.06.2005 prohibiting granting such benefit has been declared arbitrary and discriminatory by the Co-ordinate Bench of Nagpur. Therefore, this may not be a ground to refuse the request he made to respondent no.3.

5.

Learned AGP would submit that the view of the Coordinate Bench of Nagpur in Shri Suhas s/o Rangraoji More Vs. State

948 (2) correct.odt (2) of Maharashtra and Others in Writ Petition No.7706 of 2022 would not apply because it would be reopening the old cases. 6.

Considering the facts and circumstances of the case, we are not agreeable with the objections raised by the respondent. It is just a prayer for directing respondent no.3 to consider his representation. In view thereof, the petition is partly allowed. 7.

Respondent no.3 is directed to consider his request as per the request letter dated 11.03.2024 on merit and strictly as per the law within six weeks from today.

(SHAILESH P. BRAHME, J.) (S.G. MEHARE, J.) Mujaheed//