Surekha Jagannath Patil And Others v. The State Of Maharashtra Through Its Secretary And Others
2024:BHC-AUG:30851-DB 1 937-963.WP-13849-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 937 WRIT PETITION NO. 13849 OF 2024 SUREKHA JAGANNATH PATIL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....
Advocate for the Petitioner :Mr. Chaudhari Krishna Uddhav GP for Respondent/State : Mr. A.B.Girase AND 947 WRIT PETITION NO. 13877 OF 2024 RAMAKANT SUDAM CHAUDHARI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Advocate for the Petitioner :Mr. Chaudhari Krishna Uddhav GP for Respondent/State : Mr. A.B.Girase ...
948 WRIT PETITION NO. 13879 OF 2024 MILIND BALASAHEB DHODARE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Advocate for the Petitioner :Mr. Chaudhari Krishna Uddhav Addl.GP for Respondent/State : Mr. S.K.Tambe ...
963 WRIT PETITION NO. 13898 OF 2024 BHARAT UDDHAV PATIL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....
Advocate for the Petitioner : Mr. Chaudhari Krishna Uddhav
2 937-963.WP-13849-2024.doc AGP for Respondent/State : Mr. S.P. Joshi ...
CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.
DATE : 18th DECEMBER 2024 PER COURT :
.
In all these petitions, the petitioners are working in the tribal area. They are claiming benefits of one step pay scale from the initial date of pay scale as per Government Resolution dated 06.08.2002. They are also claiming consequential benefits. 2.
We have considered the submissions of the learned Advocate for the Petitioners and the learned A.G.Ps for the State Authorities. We have perused the series of orders passed by this Court in favour of similarly situated Petitioners, which have been annexed to these Petitions.
3.
The learned Advocate for the petitioners submits that the orders annexed to these Writ Petitions are applicable to the present cases. The order dated 21/12/2021, passed at the Principal Seat of this Court, in Writ Petition No. 8824/2024, is also applicable to this case. All the A.G.Ps. Submit that, 12 years of service, which is reckoned for granting A.C.P.S. benefits, cannot overlap with the working the PESA area. According to them, once a candidate gets the benefits of the A.C.P.S in the form of additional increment, after 12 years, if he/she is in PESA,he/she would be entitled for one single increment as long as the candidate is serving in the PESA.
3 937-963.WP-13849-2024.doc 4.
In view of the above, all these Writ Petitions are allowed 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 a period of 30 days. (ii) Those cases, which are without any legal impediment after verification, shall be cleared by the Education Officer and the salary benefits, to which the Petitioners are entitled to, in the light of onestep pay-scale, made available to the employees working in the Tribal and PESA areas, shall be paid along with arrears as well as their current salaries, within a period of 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 one-step pay-scale to those candidates, who are found to be eligible. (v) Those Petitioners, who suffer adverse orders after the above said exercise is completed, would be at liberty to avail of a statutory remedy, as is permissible in law.
4 937-963.WP-13849-2024.doc (vi) If any of these Petitioners have superannuated from service, their pensionary benefits would be recalculated if they are held to be eligible for the one step increment.
[ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] vsj