Yavatmal Z. P. Prathamic Shikshak Sangh, Thr. Auth. Representative, Asaram Zasu Chavan And ORS v. The State Of Maharashtra, Thr. Secretary, Rural Development Dept., Mumbai And Others

2025:BHC-NAG:3747-DB

916. WP 3857 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3857/2024 Yavatmal Zilla Parishad Prathamik Shikshak Sangh, Yavatmal, through its Authorized Representative and others ...Versus...

The State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. P.S. Kshirsagar, Advocate for petitioners Mr. A.M. Kadukar, AGP for respondent No.1 Mr. Vikas M. Kulsange, Advocate for respondent No.3 CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATE : 08/04/2025 1.

Heard learned Advocates for the respective parties.

2.

By this petition, the petitioners are seeking direction against respondent No.2 - Chief Executive Officer Zilla Parishad, Yavatmal, to grant the benefit of Additional House Rent Allowance as per the pay scale of 6th Pay and 7th Pay Commission under the provisions of Government Resolutions dated 06/08/2002 and 17/02/2001 and grant arrears of the same.

3.

Learned Advocate for the petitioners submitted that the said issue is covered by the decision in Writ Petition No.419/2025 (Yavatmal Zilla Parishad Shikshak Sangh, through its Assistant Teacher and Authorised Representative Asaram Zasu Chavan and others Vs. The State of Maharashtra

916. WP 3857 of 2024.odt and others, decided on 12/03/2025). Therefore, he has prayed to allow the present petition in terms of the said decision. 4.

In response, the learned AGP, Mr. Kadukar and the learned Counsel, Mr. Kulsange, do not dispute the same nor the mandate of the decision in the said Writ Petition No.419/2025.

5.

Having considered the limited relief in prayer clause (i), we deem it appropriate to issue a direction to respondent No.2 to consider the claim of the petitioners in terms of Government Resolutions dated 06/08/2002 and 17/02/2001, as well as what has been held in the judgment in Writ Petition No.419/2025. Hence, the following order.

O R D E R

(i) The writ petition is partly allowed. Respondent No.2 is directed to consider the claim of the petitioners, pursuant to the Government Resolutions dated 06/08/2002 and 17/02/2001 as well as the dictum laid down in the judgment in Writ Petition No.419/2025 and decide the same and grant the benefit, if the same applies to them and entitle for the same, within a period of six weeks from the date of receipt of copy of this order.

(ii) No order as to costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Wadkar