Vikas Vilas Nakate And Other v. The State Of Maharashtra, Through Secretary, Department Of Rural Development And Water Conservation

911wp 924.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 924/2021 Vikas Vilas Nakate and 16 others ..VS..

The State of Maharashtra, through its Secretary, Department of Rural Development and Water Conservation, Mantralaya, Mumbai and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri P.S. Kshirsagar, Advocate for the petitioners Shri Neeraj Patil, Assistant Government Pleader for respondent nos. 1 and 2/State Shri M. M. Sudame, Advocate for respondent no. 3 CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, J.J. DATED : 05/04/2022 RULE. Rule made returnable forthwith and heard finally by consent of both the learned Counsel appearing for the parties. 2] The petitioners who are Assistant Teachers are employed with Zilla Parishad, Chandrapur. According to them, for some period of time they discharged their duties either in tribal or naxal areas of Chandrapur district. Hence, they claimed additional allowances in terms of Government Resolution dated 06.08.2002.

On behalf of the petitioners it is submitted that this Court in similar situation had directed the concerned Zilla Parishads to release the special promotional pay scale as per Government Resolution dated 06.08.2002 on being satisfied that the respective petitioners satisfied the criteria in that regard. Reference is made to the orders passed in Writ Petition No. 500/2021 (Govind s/o Digambar Gohane and ors Vs. The State of Maharashtra and ors.), Writ Petition Nos. 3699 of 2016 and 4317 of 2016 in that regard. In addition, the communication dated 17.06.

911wp 924.2021.odt Divisional Commissioners, have also been referred to. Similarly, since some of the petitioners are serving in the Additional Tribal Sub Plan Area, it is stated that they are also entitled to the special promotional pay scale as per the Government decision dated 09.03.1990.

3] According to the learned Counsel for the Zilla Parishad, it would have to be verified as to whether the petitioners satisfy the criteria of service in naxal/tribal areas including Additional Tribal Sub Plan Area in the district of Chandrapur. Learned Counsel does not dispute the fact that this Court in somewhat similar circumstances has extended the special promotional pay scale under the Government Resolution dated 06.08.2002 to the petitioners in those cases. Accordingly, by following the orders passed in the earlier Writ Petitions as mentioned above, the respondent no.3-Zilla Parishad is directed to verify the services of all the petitioners of having being discharged in naxal/tribal areas including the Additional Tribal Sub Plan Area in the district of Chandrapur. On such verification, the special promotional pay scale under the Government Resolution dated 06.08.2002 be released in their favour. The entire exercise shall be completed within a period of three months from today.

4] With these directions the Writ Petition is disposed of. Rule is made absolute in aforesaid terms. No order as to costs. JUDGE JUDGE by SANDIP MAHADEV GATE Date:

2022.04.05 18:41:24 +0530 SANDIP MAHADEV GATE SMGate