Liladhar Narayan Patil And Others v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:30841-DB 1 951-964.WP-13882-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 WRIT PETITION NO. 13882 OF 2024 GOPAL BHIMRAO MARATHE AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner :Mrs. Mali Megha y. AGP for Respondent/State : Mr. S.K.Tambe AND 952 WRIT PETITION NO. 13883 OF 2024 BHAGAWAN BHAVRAO GAWALI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner :Mr. Mali Megha Y. AGP for Respondent/State : Mr. S.S.Dande 953 WRIT PETITION NO. 13888 OF 2024 LILADHAR NARAYAN PATIL AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Advocate for the Petitioner :Mr. Mali Megha Y. AGP for Respondent/State : Mr. V.M.Kagane 954 WRIT PETITION NO. 13889 OF 2024 CHAITRAM KHANDU NERKAR AND ANOTHER ...

2 951-964.WP-13882-2024 .doc Advocate for the Petitioners :Mr. Mali Megha Y. AGP for Respondent/State : Mr.N.S.Tekale 955 WRIT PETITION NO. 13890 OF 2024 NIMESH VISHNUPANT SURYAVANSHI AND OTHERS THROUGH SECRETARY AND OTHER Advocate for the Petitioners : Mr. Chaudhari Krishna Uddhav AGP for Respondent/State : Mr.S.P.Joshi 957 WRIT PETITION NO. 13892 OF 2024 BHARAT DINKAR GANGURDE AND ANOTHER Advocate for the Petitioners :Mr. Mali Megha Y. AGP for Respondent/State : Mr.P.S.Patil 958 WRIT PETITION NO. 13893 OF 2024 AJIT AMRUT KHAIRNAR AND OTHERS Advocate for the Petitioners :Mr. Mali Megha Y. Addl.GP for Respondent/State : Mr.A.S.Shinde 959 WRIT PETITION NO. 13894 OF 2024 VALMIK SAKHARAM WAGH AND OTHERS Advocate for the Petitioners :Mr. Mali Megha Y. AGP for Respondent/State : Mr.S.R.Yadav-Lonikar

3 951-964.WP-13882-2024 .doc 960 WRIT PETITION NO. 13895 OF 2024 BHAIDAS NIMBA KUWAR Advocate for the Petitioner :Mr. Mali Megha Y. AGP for Respondent/State : Mr.S.S.Dande 961 WRIT PETITION NO. 13896 OF 2024 RAMAN KESHAV KOLI AND OTHERS ...

Advocate for the Petitioners :Mr. Mali Megha Y. AGP for Respondent/State : Mr.V.M.Kagane 962 WRIT PETITION NO. 13897 OF 2024 SHARAD KESHAVRAO AHIRRAO AND OTHERS Advocate for the Petitioners :Mr. Mali Megha Y. AGP for Respondent/State : Mr. N.S.Tekale 964 WRIT PETITION NO. 13899 OF 2024 HIMMAT UTTAMRAO PAGARE Advocate for the Petitioners :Mr. Mali Megha Y. Addl.GP for Respondent/State : Mr. S.K.Tambe

4 951-964.WP-13882-2024 .doc CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 18th DECEMBER 2024 PER COURT :

.

In all these petitions, the petitioners were 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 superannuated.

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.

5 951-964.WP-13882-2024 .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/retiral benefits, to which the Petitioners are entitled to, in the light of one-step 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.

6 951-964.WP-13882-2024 .doc (vi) Their pensionary benefits would be recalculated if they are held to be eligible for the one step increment/pay scale. [ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] vsj