Deepak Madhav Pachpute And Others v. The State Of Maharashtra Through The Secretary And Others

1 WP12217.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 12217 OF 2023 Deepak Madhav Pachpute & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. Ajay T. Kanawade - Advocate for the petitioners Mr. S. K. Tambe - AGP for respondent/State .....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATED : 18th OCTOBER, 2023 PER COURT : - 1.

The Petitioner desires to delete prayer clause ' C'

. Deletion is permitted at the risk of the petitioner. Same be carried out within one week. 2.

Issue notice to the respondents. The learned AGP waives service of notice for all the respondents.

3.

It is undisputed that several orders in similar matters have been passed by this Court. While disposing off the petitions, we have permitted the employer to carry out a verification exercise and, thereafter, iniaite appropriate steps. There is no recovery order against the petitioners, since the monetary benefits are yet to be granted.

4.

In view of the above, this petition is disposed off on the

2 WP12217.2023.odt following terms : - (i) The Education Officer (Secondary), Zilla Parishad, Ahmednagar/Respondent No.5 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 weeks.

(ii) Those cases, which do not suffer from any legal impediment after verification, shall be cleared by respondent no.5 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.

(iii) After scrutiny, if any of these petitioners, on the basis of their records, are found to be ineligible, respondent no.5 would issue notices to each of such petitioners, so as to enable them to appear and address him.

(iv) After such hearing, which shall be completed within four months from today, respondent no.5 shall pass appropriate orders and grant benefits of one-step pay-scale only to those candidates, who are found to be eligible. (v) 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. [Y. G. KHOBRAGADE] [RAVINDRA V. GHUGE] JUDGE JUDGE SG Punde