Sanjay Shankar Bhadane And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:27965-DB 934-wp-12920-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12920 OF 2024 Sanjay Shankar Bhadane And Others

VERSUS

The State Of Maharashtra Through The Secretary And Others WITH WRIT PETITION NO. 9385 OF 2024 Sonali Malaji Raut And Others

VERSUS

The State Of Maharashtra Through The Secretary And Others ...

Advocate for the Petitioners : Mr. Shinde Balaji S. AGP for Respondent/State : Mr. A.S. Shinde ...

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

DATED : NOVEMBER 28, 2024 PER COURT:- 1.

Heard learned counsel for the petitioners.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice for the respondents.

4.

We propose to adopt the same course and reasons as done by the Division Bench in Writ Petition No.11191 of 2024 vide order dated 08.10.2024. Both these Writ Petitions are allowed in the following terms:

(i) The impugned action of recovery and stoppage of One-step pay scale initiated by the respondents is quashed and set aside. (ii) The Education Officer (Secondary), Zilla Parishad, Dhule - respondent No. 5 shall scrutinize the records of all these petitioners

934-wp-12920-2024.odt (2) and the places, at which they are deployed for performing their duties, within a period of eight weeks.

(iii) 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 payscale 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. 5, 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. 5 shall pass appropriate orders and grant benefits of one-step pay-scale to those candidates, who are found to be eligible.

(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.) (S.G. MEHARE, J.) Mujaheed//