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Bombay High CourtWP/13177/2024disposed off

Abdul Karim Abdul Latif Ansari And Others v. The State Of Maharashtra Through Its Secretary And Others

2024-12-03Hon'Ble Shri Justice S. G. Mehare,Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2024:BHC-AUG:28882-DB 1 928. WP-13167-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO. 13167 OF 2024 MANOJ VISHNU PAGARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 932 WRIT PETITION NO. 13176 OF 2024 LATA SINGA GAVIT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 933 WRIT PETITION NO. 13177 OF 2024 ABDUL KARIM ABDUL LATIF ANSARI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 934 WRIT PETITION NO. 13183 OF 2024 SANJAYKUMAR LOTANKBHAI JADHAV AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 935 WRIT PETITION NO. 13184 OF 2024 ISHWAR KHANDU SONAWANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO. 13151 OF 2024 PRAKASH KANTILAL CHAUDHARI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA

2 928. WP-13167-2024 .doc THROUGH ITS SECRETARY AND OTHERS .....

Advocate for the Petitioners in all petitions : Mrs. Megha Y. Mali AGP for Respondents/State in WP-13167/2024 : Mr. V.M. Kagne GP for Respondents/State in WP-13176/2024 and WP-13177/2024 : Mr. A.B. Girase AGP for Respondents/State in WP-13183/2024 : Mr. S.K. Tambe AGP for Respondents/State in WP-13184/2024 : Mr. A.S. Shinde .....

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

DATE : 03rd DECEMBER 2024 PER COURT :

.

Writ Petition No. 13151/2024 is not on Board. Taken on board at the request of Learned Counsel for the petitioners. 2.

In all those petitions the petitioners are claiming one-step payscale as per the Government Resolution dated 06.08.2002 and the consequential benefit of salary. The issue involved is no more Res integra. They have placed on record the order passed by Coordinate Bench on 16.08.2024 in Writ Petition No.8664 of 2024 and connected matters. We find that all those petitions can also be disposed of in terms of the order passed by Coordinate Bench. We propose to follow the same course and reasons. 3.

We therefore allow these petitions in the following terms. i) The Education Officer of the Zilla Parishad shall scrutinize the records of all these Petitioners and the places at which they are deployed for performing their duties, within 30 days.

3 928. WP-13167-2024 .doc ii) The Education Officer shall clear all those cases which are without legal impediment after verification and if they are found eligible for one-step pay-scale, for rendering services in Tribal area and PESA areas. Their salary with arrears be paid within 45 days thereafter.

iii) After scrutiny, if any of these Petitioners, on the basis of their records, are found to be ineligible, the Education Officer, Zilla Parishad, would issue notices to each of such Petitioners, so as to enable them to appear before the said authority and address the Education Officer.

iv) After such hearing, which shall be completed within 90 days, the Zilla Parishad shall pass appropriate orders and grant benefits of onestep pay-scale 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.

[ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] VSJ