Raghunath Hari Pachpande v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 64 WRIT PETITION NO.14367 OF 2018 PARWATABAI BABURAO CHAVAN WRIT PETITION NO.14368 OF 2018 BHAGIRATH SAKHARAM KOLI WRIT PETITION NO.14369 OF 2018 ALKA MAROTI MALI WRIT PETITION NO.14370 OF 2018 RAVINDRA PANDHARINATH CHAUDHARI WRIT PETITION NO.14371 OF 2018 SURESH CHHAAN BAVISKAR

(2) WRIT PETITION NO.14372 OF 2018 VITTHAL NATTHU JADHAV WRIT PETITION NO.14373 OF 2018 KAMLABAI SHALIK KOHE WRIT PETITION NO.14374 OF 2018 SOMA RAJARAM GAJOREKAR WRIT PETITION NO.14375 OF 2018 ASHOK GIRDHAR JOSHI WRIT PETITION NO.14376 OF 2018 AASHA BABURAO BIRHADE WRIT PETITION NO.14377 OF 2018 SUBHAASH SHANKAR KADAM

(3) WRIT PETITION NO.14378 OF 2018 RAMANAND ACHYUTRAO KULKARNI WRIT PETITION NO.14379 OF 2018 SANGITA KASHINATH PATIL LEGAL HEIRS OF DECEASED KASHINATH GOVIND PATIL WRIT PETITION NO.14380 OF 2018 SHIRISH PRALLHAD PATIL WRIT PETITION NO.14381 OF 2018 DWARKABAI SANDU ROKDE WRIT PETITION NO.14382 OF 2018 ANIL PUNDLIK PATIL

(4) WRIT PETITION NO.14383 OF 2018 SADASHIV LAXMAN PATIL WRIT PETITION NO.14384 OF 2018 PRAMOD NARSINGRAO SURVE WRIT PETITION NO.14385 OF 2018 CHUDAMAN SITARAM SAINDANE WRIT PETITION NO.14386 OF 2018 RAGHUNATH JAGANNATH BHANGALE WRIT PETITION NO.14387 OF 2018 PUNDLIK GARBAD MOMNE WRIT PETITION NO.14388 OF 2018

(5) RAVINDRA SHANTARAM BHANGALE WRIT PETITION NO.14389 OF 2018 MOHAN SONU GAWALI WRIT PETITION NO.14390 OF 2018 MUNNIBAI KAMAL SARWANE WRIT PETITION NO.14391 OF 2018 GOVINDA DEVODAS BHOITE WRIT PETITION NO.14392 OF 2018 RAMANBAI GOPICHAND BHAVSAR WRIT PETITION NO.14393 OF 2018 RAGHUNATH HARI PACHPANDE

(6) WRIT PETITION NO.14394 OF 2018 SUKDEO MANGO HATKAR WRIT PETITION NO.14395 OF 2018 MAGAN MANGA PATIL WRIT PETITION NO.14396 OF 2018 SADASHIV KONDIBA SHELKE WRIT PETITION NO.14397 OF 2018 SANTOSH NAMDEO CHAUDHARI WRIT PETITION NO.14398 OF 2018 EKNATH SHRAVAN PATIL WRIT PETITION NO.14399 OF 2018

(7) DHANABAI HARI BIRHADE WRIT PETITION NO.14400 OF 2018 MANGLA RAVINDRA PATIL WRIT PETITION NO.14401 OF 2018 NAFEES AHMED SAEED AHMED KHAN WRIT PETITION NO.14402 OF 2018 EKNATH HARISHCHANDRA NEMADE WRIT PETITION NO.14403 OF 2018 MADHUKAR PANDIT KOLI WRIT PETITION NO.14404 OF 2018 MINAKSHI PRAVIN CHAUDHARI LEGAL HEIRS OF DECEASED PRAVIN TAPIRAM CHAUDHARI ..PETITIONER

(8) WRIT PETITION NO.14405 OF 2018 DATTATRAY SHENFADI BHAMRE WRIT PETITION NO.14406 OF 2018 KALPANA PURSHOTTAM MEDHE WRIT PETITION NO.14407 OF 2018 SANJAY SUDHAKAR JAGTAP WRIT PETITION NO.14408 OF 2018 SINDHUBAI PUNDLIK SAPKALE WRIT PETITION NO.14409 OF 2018 ANJANABAI UKHARDU SURALKAR ...

(9) Mr. Girish Nagori, Advocate for the Petitioners in all writ petitions.

Mr. P. S. Patil, AGP for Respondents-State.

Mr. V. D. Gunale, Advocate for Respondent No.2. ...

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATED : 10th APRIL, 2019.

PER COURT:- 1.

The petitioners are seeking pensionary benefits. According to petitioners they had retired from service after attaining the age of superannuation, however pensionary benefits are not granted to them.

2.

According to the respondent-Municipal Corporation the proposal for age relaxation has been submitted to the Government. However, the Government has not taken any decision on it.

3.

The petitioners appear to be similarly situated as petitioners in Writ Petition No.14052/2017 with connected writ petitions decided under order dated 14.02.2018. In the said order we had observed thus:

"4. It is an accepted facts that 1332 posts were created with the erstwhile Jalgaon Municipal Council under the orders of the Directorate of Municipal Administration dated 22.01.1997. Pursuant to the said order all these petitioners, who were working on daily wages were appointed by issuance of appointment orders. In some of the appointment orders it is stated that their appointments are on probation for six months and temporary, whereas in case of some of the petitioners the appointment orders were on temporary basis. However, each and every

(10) appointment is made in pay scale of Rs. 750940. It is also not disputed that the Service Books are maintained of all these employees by the Municipal Council. The ACPS benefits are also given to them. The petitioners have received increments. Some of the petitioners were promoted to Class III posts. They are relieved as per the provisions of the Maharashtra Civil Services (Pension) Rules.

5.

It also appears that, the erstwhile Municipal Council, Jalgaon has passed resolution No. 86 granting benefit of permanency to them on condition that the petitioners withdraw the complaints filed by them before the Industrial Court. Pursuant to the representations, some of the petitioners who had filed the complaints had withdrew the complaints.

The Municipal Council had also passed a resolution bearing No. 264 of 31.10.1995 for age relaxation upto 45 years and had sent the said proposal to the government.

7.

It would appear that the Respondent No. 2 treated the petitioners as permanent employees and they were discharging the function as permanent employees for all these years. The Respondent/State was expected to consider all these aspects before taking decision on 15.09.2017, refusing to relax the upper age limit."

4.

We further directed the State Government to consider the proposal of those persons about age relaxation and directed the State Government to take decision upon the proposal of the Municipal Council regarding relaxation of age after considering all the aspects as observed in the said judgment and to decide the same within a period of three months.

(11) 5.

It is submitted that pursuant to the aforesaid order passed in Writ Petition No.14052/2017 with connected writ petitions, the State Government on 06.09.2018 has granted age relaxation for the purpose of pensionary benefits to the petitioners of said writ petitions and communication to that effect has been made on 18.02.2019 to the Municipal Corporation, Jalgaon. The State had also directed the Municipal Corporation to take action against the erring officials. It is for the Municipal Corporation to take action accordingly. However, the fact remains that the judgment delivered in writ petition no.14052/2017 with connected writ petitions dated 14.02.2018 has been considered by the Government and benefit of age relaxation has been granted for pensionary purpose.

6.

There is no reason to differentiate the present petitioners, more particularly when they are similarly situated as the petitioners in writ petition no.14052/2017 with connected writ petitions.

7.

In the result, we pass the following order:

ORDER

The State Government shall decide the proposal forwarded by the Municipal Corporation for relaxation of the age of petitioners

(12) considering our observations as supra and also the factum of relaxation of age given to those persons covered under the order dated 14.02.2018 in writ petition no.14052/2017 with connected writ petitions and give the same treatment to these petitioners of age relaxation for pensionary purposes. The same shall be done preferably within a period of two

(02) months.

8.

Writ Petitions accordingly disposed of. No costs.

(A. M. DHAVALE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/April-19