Giridhar Kerba Shinde And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14909 OF 2017 Giridhar Kerba Shinde and others .. Petitioners

Versus

The State of Maharashtra and another .. Respondents Shri Vijay Vasantrao Deshmukh, Advocate for Petitioners. Shri S. B. Pulkundwar, A.G.P. for the Respondent No. 1. Shri U. B. Bondar, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND SUNIL K. KOTWAL, JJ.

DATE : 24TH JULY, 2018.

FINAL ORDER :

.

Mr. Deshmukh, the learned counsel for petitioners submits that, arrears of 6th Pay Commission have not been paid to petitioners from the year 2006 till 2013. Some of the petitioners have also retired from service.

2.

Mr. Bondar, the learned counsel for the Zilla Parishad submits that, the amount is to be paid to petitioners from the 20% revenue collected from the village panchayat. These petitioners were appointed as hand pump operators. Even letter is issued to the Government. No funds are received from the Government also.

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It is not disputed that, the petitioners are employees of Zilla Parishad. It is duty of the Zilla Parishad to pay the emoluments to the petitioners as per the applicable rate. It is also admitted that, the benefits of 6th Pay Commission have been extended to ALL petitioners since the year 2006. It is further submitted that, since 2013 the petitioners are given benefits of 6th Pay Commission, however, arrears could not be paid from 2006 to 2013 on account of weak financial condition. 4.

The respondents are required to pay the arrears as per the 6th Pay Commission to petitioners. It is high time, respondents make the payment. It is for the respondent No. 2 to collect the amount as per the legitimate available means and tapping their resources.

5.

Considering the ground of financial stringencies put forth by the respondent No. 2, we are not imposing any interest upon the respondents. The respondent No. 2 shall pay the arrears of salary as per the 6th Pay Commission to the petitioners for the period from 2006 to 2013 expeditiously and preferably within a period of six (06) months from today. With these observations writ petition is disposed of. No costs.

[SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] by Bhalchandra Sudhakar Bodke Date: 2018.07.26 11:50:27 +0530 bsb/July 18 Bhalchandra Sudhakar Bodke