Radheshyam Harichand Thakre And Others v. The State Of Maharashtra, Thr. Secretary, Rural Development Dept., Mumbai And Others

64-WP-2948-23.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.2948 of 2023 Radheshyam Harichand Thakre and others Vs.

State of Maharashtra, through its Secretary, Rural Development Department & others. ------------------------------------------------------------------------------------------------ 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 petitioners. Shri A.S.Fulzele, Additional Government Pleader for respondent no.1. Shri A. M. Dixit, Advocate for respondent nos. 2 and 3. CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 17th JULY, 2023.

Heard.

2.

The petitioners seek tribal incentive allowance and additional house rent allowance as admissible under the recommendations of the Sixth and Seventh Pay Commissions. This is in view of Government Resolution dated 06.08.2002. According to the Zilla Parishad, by its letter dated 05.08.2020 it had sought guidance in the matter from the State Government. 3.

It is seen that on 16.09.2020 the State Government has issued a communication to the Chief Executive Officer, Zilla Parishad, Gondia stating therein that the employees would be entitled for incentive allowance in terms of Government Resolution dated 06.08.2002. It is further seen that the Deputy Commissioner has on 27.01.2021 issued directions to the Chief Executive Officer, Zilla Parishad, Gondia to grant such benefits to the employees mentioned therein.

4.

In view of aforesaid, since the Zilla Parishad has now received the instructions from the State Government and the directions have also been issued by the Deputy Commissioner permitting to grant such tribal incentive allowance and additional house rent allowance, the Zilla Parishad is directed to take all necessary steps in that regard. The learned counsel for the respondent nos. 2 and 3 -Zilla Parishad submits that the proposal for release

64-WP-2948-23.odt 2 of grants has been forwarded to the State Government. It is expected that necessary steps would be taken in this regard by the respondent no.1 to release the necessary funds in favour of the Zilla Parishad. The Zilla Parishad shall within a period of three months of receiving grants from the State Government shall release the benefits to the petitioners who are found entitled for the same in accordance with law. With these directions, the writ petition is disposed of. No costs. (MRS VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar..

SUDHAKAR ANDURKAR Personal Assistant 21.07.2023 10:10