Nana Ramdas Navare And Others v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:29402-DB 1 935.940WP-13383-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO. 13483 OF 2024 NANA RAMDAS NAVARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 940 WRIT PETITION NO. 13490 OF 2024 NANDRE YOGESH MURLIDHAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS .....

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

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

DATE : 11th DECEMBER 2024 PER COURT :

.

Heard the learned counsel for the petitioner. The petitioners are claiming one-step pay scale from the date of their posting as per Government Resolution dated 06.08.2002 and 29.02.2024. 2.

Issue notice to respondents. Learned AGP waives service of notice for all respondents.

3.

This court has taken view about one-step pay scale in Writ Petition No. 11642 of 2024 dated 17.10.2024. We propose to adopt the same course and reasons given in the above Writ Petition.

2 935.940WP-13383-2024 .doc 4.

In view thereof both Writ Petitions are allowed on following terms :

i) The impugned action of 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 in Writ Petition No. 13483 of 2024 and Respondent No.4/Deputy Director of Education, Nashik Division Nashik in Writ Petition No.13490 of 2024 shall scrutinize the records of all these petitioners and the places, at which they are deployed for performing their duties, within 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 pay scale applicable to the employees working in the tribal and PESA areas, shall be paid, along with arrears, as well as their current salaries, within 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

3 935.940WP-13383-2024 .doc 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 complete, would be at liberty the statutory remedy, as is permissible in law.

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