Ramdas Narayan Yendole And Another v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:29573-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 WRIT PETITION NO. 13569 OF 2024 RAMDAS NARAYAN YENDOLE AND ANOTHER

VERSUS

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

Advocate for the Petitioners : Mr. Sonawane Mahesh Ramnath. AGP for Respondent/s-State : Mr. S. P. Joshi. Advocate for Respondent Nos.3 & 4 : Mr. Pradeep Vikramrao Tapse Patil.

...

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

DATE : 12.12.2024 PER COURT :- 1.

Heard learned counsel for the petitioners.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice for the respondents/State Authorities. Learned counsel Mr. Tapse-Patil waives service of notice for respondent Nos.3 and 4. 4.

This matter is taken up for disposal at the admission stage.

5.

The petitioners are claiming the fixation of the pay scale and consequential benefit in view of the policies of the Government. It is their case that they were appointed prior to 1972. They are relying upon various decisions of by Coordinate Benches of this Court, following ratio of common judgment dated 13.02.2014 in Writ Petition No.1311 of 1997 and connected matters.

6.

Learned counsel for the respondents submits that in view of the earlier orders, the claim of the petitioners can be ascertained and necessary action would be taken. 7.

As the issue involved in this writ petition is already covered by earlier judgments and orders, we proposed to adopt the same course. We, therefore, dispose of this writ petition with the following directions.

8.

The respondent Nos.3 and 4 shall verify the dates of appointment of the petitioners, their qualification. After verification, they shall notionally calculate the pay scale as per the Government Resolution. Even if the respondents arrive at the conclusion that petitioners are covered as per the Government Resolution dated 04.10.1983, they will not be

entitled to actual monetary benefits, but the pensionary benefits shall be given to them as per the pay scale of a trained teacher as per the Government Resolution dated 04.10.1983 after verifying the facts within six (6) weeks. (SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.) ...

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