Anil S/O Purushottam Shukla And Others v. The State Of Maharashtra, Thr. Secretary, General Administration Dept. And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION (WP) NO. 2075/2020 1.

Anil S/o Purushottam Shukla Age: 58 Years, Occu: Service R/o: Waghwada, Near Adv. R.S. Gawali Civil Line, Washim Tq Dist Washim Permanent Address:

Shukla Sadanika, Near Dr. Kelkar Hospital Ramdas Peth, Akola Tq Dist Akola Sunil Fakira Raut Age: 55 years, Occu: Service R/o: Bhim Nagar, Ramabai Chowk, Old City Akola taluka District Akola Dnyaneshwar Pandurang Kalaskar Age: 57 Years, Occu: Service R/o: Guru Datta Nagar Near Vinaykumar Parashar School Dabki Road Akola Ta Dist Akola, Ramdhan Ramsing Rathod, Age: 57 Years, Occu: Service R/o: Shivneri Colony, Khanapur Road, Patur, Tq Patur Dis. Akola 5.

Baban Amrut Ukey Age: 56 Years, Occu: Service R/o: Nisarga Row Houses, Duplex No. 03, Arogya Nagar, Akola Tq. District Akola 6.

Dhananjay Narayanrao Kulkarni Age: 50 Years, Occu: Service R/o: Yadgar Nagar, Near Aai Mangal Karyalaya, By Pass Road Karanja (Lad) Tq Karanja (Lad) District Washim

7.

Sandip Trimbakrao Bhanegaonkar Age: 49 Years, Occu: Service R/o Yojna Park, Civil Line, Washim Tq Dist Washim.

8.

Akram Khan Isaque Khan Age: 38 Years, Occu: Service R/o Old Weekly Market, Hafizpura, Mangrulpir Tq. Mangrulpir District Washim.

9.

Sandip Mukundrao Mahajan Age: 54 Years, Occu: Service R/o Sant Nagar, Kaulkhed Road, Akola Tq. Dist Akola.

10. Habib Khan Mehboob Khan Age: 54 Years, Occu: Service R/o Kalal Chawl, Behind Neeta Hotel, Akola Tq District Akola.

11. Ashok Bajirao Shirsat, Age: 59 Years, Occu: Retired R/o Ashray Nagar Dabki Road, Court Colony, Akola. Tq. and District Akola.

12. Narendra Haribhau Hurpade, Age: 59 Years, Occu: Retired R/o Gajanan Nagar Galli No 7, Dabki road Old City Akola Tq Dist Akola.

13. Devendrasingh Jagannathsingh Rotwal, Age: 60 Years, Occu: Retired, R/o Kaveri Apartment Flat No. 08, Kela Plot Jatharpeth Akola Tq Dist Akola.

14. Vinayak Wasudeorao Tarale, Age: 59 Years, Occu: Retired R/o Pahariya House Near Kolhatkar Mangal Karyalaya Lahan Umari Akola, Tq. & Dist Akola ..... PETITIONER(S)

// VERSUS // 1.

The State of Maharashtra Through its Secretary, General Administration Department Mantralaya, Mumbai The State of Maharashtra Through its Secretary, Law and Judiciary Department, Mantralaya, Mumbai.

3. The Hon'ble Principal District Judge, Akola, Tq. & District Akola.

Hon'ble Court of District & Sessions Judge, Akola, Through its Registrar.

4. The Hon'ble Principal District Judge, Washim, Tq. and District Washim.

Hon'ble Court of District & Sessions Judge, Washim, Through its Registrar.

.... RESPONDENT(S) Amended as per Court's order dated 28.08.2020.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Dhore, Advocate for the petitioners Miss Trupti H. Udeshi, AGP for respondent 1 to 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : A.S. CHANDURKAR AND URMILA JOSHI-PHALKE, J.J. DATED : 06/07/2022 ORAL JUDGMENT : (PER:- A. S. CHANDURKAR, J.) Rule. Rule made returnable forthwith. Heard the learned counsel for the parties.

The petitioners are employees of District Court, Akola and have prayed for grant of additional increments pursuant to the orders dated 19.12.2006, 06.09.2008 and 31.12.2008 passed by the office of learned Principal District and Sessions Judge, Akola. The learned Government Pleader had issued a communication dated 23.12.2021 to learned Principal District and Sessions Judge, Akola to consider the decision of this Court in Writ Petition No. 51/2021 (Vinayak D. Ghaisas and ors. Vs. The State of Maharashtra and ors.) dated 16.09.2021 decided at the Principal Seat.

The learned Principal District and Sessions Judge, Akola on 01.01.2022 has issued a communication to the office of learned Government Pleader stating therein that the relief sought by the petitioners herein can be granted in view of the order passed in the case of Vinayak D. Ghaisas (Supra).

5.

In view of the aforesaid, the writ petition is allowed in terms of prayer clause (i) which reads as under:- "i) By issuing writ of mandamus or any appropriate writ, order or direction in like nature, to direct the respondents for Re-fixation of pay scale of the petitioners, in 6th Pay Commission/ Pay Scales by including additional increaments as per the order dated 31.12.2008, 19.12.2006

and 06.09.2008 at (Annexure - C) collectively, passed by the learned Principal District & Sessions Judge, Akola." 6.

The respondents shall take necessary steps to grant aforesaid relief to the petitioners within a period of eight weeks from the date of receipt of this judgment.

7.

Rule is made absolute in the aforesaid terms with no order as to costs.

(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) Digitally signed by SANDIP MAHADEV GATE Date:

2022.07.08 18:48:19 +0530 SANDIP MAHADEV GATE