Bombay High CourtWP/3101/2020disposed off

Kishor Domaji Nagrale And Others v. The State Of Maha. Thr. Chief Secretary Other Backward Bahujan Welfare Deptt., Mantralaya, Mumbai

2023-06-23Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Shri Justice M. W. Chandwani22 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION 3101 OF 2020 1] Kishor Domaji Nagrale, Aged about 47 years, Occ Service, 2] Ku.Asha Babarao Ekre, aged 31 about 50 years, Occ. Service, 3] Bapurao Kashinath Gore, aged 51 years, Occ. Service 4]Fulchand Raju Madavi, aged about 39 years, Occ. Service, 5] Anil Gopalrao Tajne, aged about 50 years, Occ. Service 6] Natthu Pandurang Shende, aged 48 years, Occ. Service 7] Bapurao Bhojiam Wankhade, aged about 52 years, Occ.Service 8]Santosh Pundalikrao Raikwar, aged about 50 years, Occ. Service 9] Gopal Dattuji Kurekar, aged about 51 years, Occ. Service, 10] Khandu Ramchandra Gayakwad, aged about 53 years, Occ. Service 11] Ravindra Tulshiram Dalanje, aged about 42 years, Occ Service, 12] Babarao Nanaji Tekam, aged about 46 years, Occ. Service, 13] Prakash Somanna Gawde,

aged about 49 years, Occ. Service, 14] Shamsundar Hiraman Bele, aged about 60 years, Occ. Retired Nos. 1 to 14, R/o. C/o. Late Anantrao Chatap Pri. Ashram School, Gadchandur, Tq. Korpana, Distt. Chandrapur run by Chaitanya Gagangiri Nathy Namha Shikshan Prasarak Mandal, Sonurli Sthit Gadchandur.

15] Govind Lalu Pawar, aged about 46 years, Occ. Service 16] Navnath Shrihari Wararkar, aged about 34 years, Occ. Service, 17] Balaji Vitthal Gayakwad, aged about 43 years, Occ. Service, 18] Aajij Pasha Asgar Ali Sheikh, aged about 45 years, Occ. Service 19] Abdul Rasul Sheikh, aged about 43 years, Occ. Service 20] Bhagwan Sambhaji Shirpurkar, aged about 48 years, Occ.Service, 21] Vasant Mahadeo Tode, aged about 58 years, Occ. Service, 22] Dnyaneshwar Arjun Wankar, aged about 51 years, Occ.Service, 23] Devidas Ghularam Mande (Dead), through Smt. Anuradha Devidas Mande, aged about 38 years, Occ. Household, Nos. 15 to 23 are R/o. C/o. Late Chamanseth Pry. Ashram Shala Kolshi, Tq. Korpana, District Chandrapur run by Sohel Shikshan Prasarak Mandal Gadchandur

24] Vyankati Baliram Togre, aged about 44 years, Occ. Service, 25] Vitthal Ramchandral Warate, aged about 45 years, Occ. Service, 26] Vilas Narayan Kotgirwar, aged about 52 years, Occ. Ex. Asstt Teacher, 27] Smt. Panchafula Hari Chawhan, aged about 61 years, Occ. Retired 28] Smt. Rukmabai Fulsing Ade, aged about 47 years, Occ. Ex-cook, 29] Purshottam Jagannath Bobde, aged about 54 years, Occ. Ex.Kamathi Nos. 24 to 29 are R/o. C/o.Vanita Ashram School, Injapur, Tq. Korpana, District Chandrapur run by Wanita Mahila Mandal Peth Bhansuli Sthit Gadchandur 30] Jivan Bahiyaji Regundwar, aged about 55 years, Occ. Service, 31] Subhash Dhonduji Pawde, aged about 56 years, Occ. Service, 32] Vijay Khanduji Sathpudke, aged about 55 years, Occ. Service, 33] Vilas Baliram Bhatwalkar, aged about 50 years, Occ. Service, 34] Rajeshwar Hirasingh Chawhan, aged about 53 years, Occ. Service 35] Santosh Baburao Husukle, aged about 48 years, Occ. Service, 36] Santosh Sudam Wasekar, aged about 41 years, Occ. Service, 37] Jeevandas Govardhan Pimpalkar,

aged about 56 years, Occ Service, 38] Gajanan Kanhoba Khirwatkar, aged about 47 years, Occ. Service 39] Pandhari Somaji Niranjane, aged about 57 years, Occ. Service, 40] Shrikrushna Pandurang Pawar, aged about 35 years, Occ. Service, 41] Sanjay Shamrao Govindwar, aged about 46 years, Occ. Service, 42] Arvind Sudam Wasekar, aged about 46 years, Occ. Service, 43] Sau. Shevantabai Ratilal Rathod, aged about 57 years, Occ. Service, Nos. 30 to 43 R/o. C/o.Vasantrao Naik Pry.

Ashram School, Chandanwahi, Tq.Rajura, Distt. Chandrapur run by Pratapsingh Shikshak Sanstha, Priparda.

44] Sandesh Harishchandra Rathod, aged about 41 years, Occ. Service, 45] Ku. Pratibha Maroti Tikle, aged about 44 years Occ. Service, 46] Satish Sukhdevrao Shinde, aged about 46 years, Occ. Service, 47] Dnyaneshwar Kishan Dahule, aged about 46 years, Occ. Service 48] Vasant Namdeo Kondekar, aged about 48 years, Occ. Service, 49] Vithoba Hiraman Khanke, aged about 50 years, Occ. Service, 50] Ku. Gita Bahurao Rathod, aged about 39 years, Occ. Service,

51] Vilas Ramchandra Urkude, aged about 46 years, Occ. Service, 52] Purushottam Sadhuji Kakade, aged about 58 years, Occ. Service, 53] Nanaji Rajam Khulgamwar, aged about 52 years, Occ. Service, 54] Smt. Kalpana Pralhad Chincholkar, aged about 49 years, Occ. Service Nos. 44 to 54 R/o. C/o. Sudhakarrao Naik Ashram School, Lakkadkot, Tq. Rajura, District Chandrapur run by Balaji Shikshan Prasarak Mandal, Piparda.

55] Sabir Umar Kureshi, aged about 42 years, Occ. Service, 56] Ramdas Murlidhar Urkude, aged about 46 years, Occ. Service, Nos. 55 & 56 R/o. C/o. Late Sangala Patil Pry. Ashram School, Kawalgondhi, Tq. Rajura, Distt. Chandrapur, run by Sevalal Maharaj Shikshan Sanstha, Dhanoli (Tanda).

57] Suresh Dukruji Nimgade, aged about 55 years, Occ. Service, 58] Hanumant Shankar Aaglawe, aged about 51 years, Occ. Service 59] Mansaram Gomaji Hemne, aged about 48 years, Occ. Service, 60] Manoj Balkrushna Pimpalkar, aged about 53 years, Occ. Service 61] Madhukar Natthu Bobde, aged about 42 years, Occ. Service, 62] Manohar Ganpati Rajurkar, aged about 49 years, Occ. Service,

63] Sanjay Wasantrao Bandurkar, aged about 49 years, Occ. Service 64] Anandrao Dokaji Satpute, aged about 50 years, Occ. Service, 65] Devaji Madhav Chalakh, aged about 50 years, Occ. Service, 66] Suresh Dama Kannake, aged about 45 years, Occ. Service, 67] Ku. Ashvini Anandrao Jadhav, aged about 44 years, Occ. Service 68] Ku. Sujata Manohar Devgade, aged about 49 years, Occ. Service Nos. 57 to 68 R/o. C/o. Sou.Lalibai Madhyamik Ashram School, Jiwti, Tq. Jiwti, Distt. Chandrapur, run by Pratapsingh Shikshan Sanstha, Priparda.

69] Hanumantu Gangaram Chukkalwar, aged about 48 years, Occ. Service 70] Arun Rambhau Vaidhya, aged about 56 years, Occ. Service, 71] Ramdas Kisan Rathod, aged about 45 years, Occ. Service, 72] Ganesh Kondiba Jadhav, aged about 49 years, Occ. Service, 73] Rajaf Ali Sher Ali Dhawde, aged about 45 years, Occ. Service, 74] Rajyapal Mahadeo Borkar, aged about 48 years, Occ. Service, 75] Padmakar Baburao Shivarkar, aged about 49 years, Occ. Service 76] Sitaram Sakharam Jadhav

(Dead) through Sawita Sitaram Jadahv, aged about 50 years, Occ. Household, 77] Babu Rajaram Chawhan, aged about 56 years, Occ. Service, 78] Dashrath Ramji Jadhav, aged about 51 years, Occ. Service, 79] Sau. Yashodabai Ramrao Rathod aged about 48 years, Occ. Service 80] Pandit Harisingh Pawar, aged about 45 years, Occ. Service, Nos. 69 to 80 R/o. C/o. Shrimati Pannabai Madhyamik Ashram School, Dampur Mohada, Tq. Jiwti, District Chandrapur run by Lalbahadur Shashtri Shikshan Prasaram Mandal, Digras, Sthit Gadchandur 81] Ku. Rekha Nanaji Shembadkar, aged about 51 years, Occ. Service 82] Mohan Rupsingh Jadhav, aged about 43 years, Occ. Service, 83] Surjan Dadaji Gongle, aged about 49 years, Occ. Service, 84] Manik Tulshiram Rathod, aged about 58 years, Occ. Retired 85] Uttam Sambhaji Raut, aged about 60 years, Occ. Retired, Nos. 81 to 85 R/o. C/o. Shri Vasantrao Naik Pry. Ashram School, Dampur Mohada, tq. Jiwti, Distt. Chandrapur run by Lalbahadur Shastri Shikshan Prasarak Mandal Digras Sthit Gadchandur 86] Sahebrao Maroti Rathod, aged about 43 years, Occ. Service,

87] Champat Mahadev Niwalkar, aged about 46 years, Occ. Service, 88] Mahadev Nagorao Mankar, aged about 54 years, Occ. Service, 89] Liladhar Dhomnuji Shahare, aged about 50 years, Occ. Service, 90] Dinesh Shridharrao Chaudhari, aged about 42 years, Occ. Service, 91] Chandrakant Gulabrao More, aged about 51 years, Occ. Service, 92] Ku. Archana Pandharinath Bonde, aged about 39 years, Occ. Service, 93] Charan Haribhau Matte, aged about 44 years, Occ. Service, 94] Rajendra Shriram Buddhewar, aged about 42 years, Occ. Service, 95] Khomeshwar Devrao Gourkar, aged about 42 years, Occ. Service, 96] Sachin Wasudeo Gonde, aged about 44 years, Occ. Service, 97] Vyankati Bapurao Rathod, aged about 46 years, Occ. Service, 98] Ku. Kamal Tarachand Pawar, aged about 42 years, Occ. Service, 99] Shirkrushan Sukhadev Sadanshiv, aged about 61 years, Occ. Retired Nos. 86 to 99 R/o. C/o. Late Sadashiv Patil Chatap Ashram School, Dhondaarjuni Tq. Jiwti, Distt. Chandrapur run by Shivshakti Education Society, Gadchandur 100] Ramrao Motiram Pawar,

aged about 54 years, Occ. Service, 101] Padmakar Mahadev Wankar, aged about 49 years, Occ.Service 102] Dhondiba Shankar Chawhan, aged about 46 years, Occ. Service, 103] Keshav Narayan Chavhan, aged about 47 years, Occ. Service, 104] Anil Bhaurao Lanjekar, aged about 47 years, Occ. Service, 105] Namdeo Fattu Pawar, aged about 43 years, Occ. Service 106] Sudhakar Hiraman Chavhan, aged about 50 years, Occ. Service, 107] Govind Sakharam Lamture, aged about 48 years, Occ. Service, 108] Ankush Motiram Pawar, aged about 45 years, Occ. Service, 109] Ku. Shantabai Motiram Pawar, aged about 37 years, Occ. Service 110] Ku. Bhagubai Uttam Rathod aged about 42 years, Occ. Service, Nos. 100 to 110 are R/o. C/o. Bharatratna Rajiv Gandhi Prathamik Ashram School, Shengao, Tq. Jiwti, Distt. Chandrapur run by Pandit Jawaharlal Nehru Shikshan Prasarak Mandal, Nagrala.

111] Keshav Nilkant Thombre, aged about 56 years, Occ. Service, 112] Dilip Bhaurao Gokhare, aged about 56 years, Occ. Service,

113] Ku. Sunita Jagoji Khobragade, aged about 58 years, Occ. Service, 114] Satish Nilkanth Malekar, aged about 49 years, Occ. Service, 115] Angad Shankarrao Darade, aged about 50 years, Occ. Service, 116] Ganpat Bapurao Jivtode, aged about 53 years, Occ. Service 117] Ashok Chintamanrao Bawne, aged about 49 years, Occ. Service 118] Sanjay Govindrao Yerne, aged about 50 years, Occ. Service, 119] Anil Nagoji Badki, aged about 47 years, Occ. Service 120] Purshottam Ramchandra Udar, aged about 51 years, Occ. Service, 121] Ramesh Niru Dewalkar, aged about 54 years, Occ. Service, 122] Ramesh Nilkant Dhawane, aged about 46 years, Occ. Service, 123] Dinkar Nanaji Wadhai, aged about 48 years, Occ. Service, 124] Ramesh Bapurao Gurnule, aged about 50 years, Occ. Service, 125] Dhondiram Hariba Bhoge, aged about 47 years, Occ. Service, 126] Smt. Uma Vasanta Salam, aged about 46 years, Occ. Service, Nos. 111 to 126 are R/o.

C/o. Late Bhaurao Patil Chatap Madhyamik Ashram School, Injapur,

Tq. Korpana, Distt. Chandrapur, run by Wanita Mahila Mandal Peth Bhansuli Sthit Gadchandur 127] Rajendra Shamrao Ledange, aged about 47 years, Occ. Service, 128] Saroj Ramchandra Telang, aged about 53 years, Occ. Service, 129] Kartik Waman Kamble, aged about 51 years, Occ. Service, 130] Balkrushna Waman Rakhunde, aged about 54 years, Occ. Service, 131] Gajanan Laxman Malekar, aged about 48 years, Occ. Service, 132] Satyawan Mahadeo Hiradeve aged about 56 years, Occ. Retired 133] Ramrao Uttam Shinde, aged about 38 years, Occ. Service, 134] Ankush Dnyanoba Kamble, aged about 51 years, Occ. Service, 135] Ganesh Manohar Hanumante, aged about 39 years, Occ. Service, 136] Anil Gajanan Kinnake, aged about 37 years, Occ. Service, 137] Smt. Anita Bharat Turankar, aged about 44 years, Occ. Service 138] Devrao Sadashiv Pinge, aged about 66 years, Occ. Retired Nos. 127 to 138 are R/o. C/o. Late Bhaurao Patil Chatap Pry. Ashram School, Gudshela, Tq. Jiwti, Distt. Chandrapur run by Wanita Mahila mandal Peth

Bhansuli Sthit Gadchandur.

139] Ramlu Rajanna Elkiwar, aged about 51 years, Occ. Service, 140] Upkar Sonba Narwade, aged about 53 years, Occ. Service, 141] Kalpesh Bhaurao Bhasarkar aged about 43 years, Occ. Service, 142] Prashant Prabhakar Bachuwar, aged about 49 years, Occ. Service 143] Ruplal Shamrao Lokhande, aged about 49 years, Occ. Service, 144] Vilas Baburao Bopanwar, aged about 52 years, Occ. Service, 145] Nilesh Madhavrao Bopanwar, aged about 44 years, Occ. Service, 146] Raju Shamrao Regulwar, aged about 42 years, Occ. Service, 147] Babaji Sambhaji Dhande, aged about 56 years, Occ. Service, 148] Pramod Kalidas Zade, aged about 45 years, Occ. Service 149] Balaji Sadashiv Rathod, aged about 50 years, Occ. Service, 150] Ku. Anita Vithalrao Jadhav, aged about 33 years, Occ. Service, 151] Ku. Chhabutai Vithal Jadhav, aged about 41 years, Occ. Service, 152] Hanjari Tulsiram Rathod, aged about 47 years, Occ. Service, Nos. 139 to 152 are R/o. C/o. Late

Gangaram Naik Madhyamik Ashram School, Aambedhanora, Tq. Pombhurna, District Chandrapur run by Shri Lalbahadur Shastri Shikshan Prasarak Mandal, Naiknagar, Sthit Gadchandur 153] Charandas Maroti Sidam, aged about 37 years, Occ. Service, 154] Kranti Vitthalrao Jadhav, aged about 31 years, Occ. Service, 155] Ku. Jayshri Ramesh Selokar, aged about 32 years, Occ. Service, 156] Santosh Bansilal Rathod, aged about 36 years, Occ. Service, 157] Sunil Pandurang More, aged about 28 years, Occ. Service, Nos. 153 to 157 are R/o. C/o. Late Gangaram Naik Art & Science College Aambedhanora, Tq. Pombhurna, Distt.Chandrapur run by Shri Lalbahadur Shashtri Shikshan Prasarka Mandal, Naiknagar, Sthit Gadchandur.

158] Bandu Maroti Junghare, aged about 49 years, Occ. Service, 159] Gajanan Yadavrao Kashti, aged about 55 years, Occ. Service, 160] Ramesh Baburao Sedmake, aged about adult, Occ. Service, 161] Arun Yuvraj Lanjewar, aged about 46 years, Occ. Service, 162] Devidas Patru Bhandekar, aged about adult, Occ. Service Pray

163] Ku. Vandana Rupchand Dongre, aged about adult, Occ. Service, 164] Nilkanth Motiram Sedmake, aged about adult, Occ. Service, 165] Dushant Bhagwan Doijad, aged about 47 years, Occ. Service, 166] Anandrao Haridas Marbate, aged about adult, Occ. Service, 167] Namdeo Kudaram Gedam, aged about adult, Occ. Service, Nos. 158 to 167 are R/o.

C/o. Smt. Bhagerathabai Sedmake Prathimik Ashram Kadholi, Tq. Sawli, District Chandrapur run by Shri Saibaba Adiwasi Shikshan Vikas Sanstha, Kadholi 168] Ravindra Namdeorao Dhole, aged about 37 years, Occ. Service, 169] Khopesh Devrao Wasake, aged about 38 years, Occ. Service, 170] Pitambar Akhadu Uke, aged about 51 years, Occ. Service, 171] Ku. Vaishali Sudhakar Chaudhari, aged about 40 years, Occ. Service, 172] Sachin Rupeshwar Gurnule, aged about 40 years, Occ. Service, 173] Smt. Sunanda Govinda Dhok, aged about 49 years, Occ. Service 174] Kalicharan Diwalu Sondawle, aged about 46 years, Occ.Service 175] Ravindra Maroti Mandade, aged about 45 years, Occ. Service,

176] Bandu Ganpat Gaddekar, aged about 40 years, Occ. Service, Nos. 168 to 176 are R/o. C/o. Jijamata Prathamik Ashram Shala Sushi (Dabgaon), Tq. Mul, Distt. Chandrapur by by Krantijyoti Sawitribai Fule Mahila Shikshan Prasarak Mandal, Mul.

177] Shriniwas Chandrayya Jakkalwar, aged about 41 years, Occ. Service 178] Anil Ramchandra Parsutkar, aged about 54 years, Occ. Service 179] Gajanan Namdev Kshirsagar, aged about 49 years, Occ. Service 180] Raju Ganpatrao Uplenchiwar, aged about 53 years, Occ. Service 181] Pradip Maroti Yelmule, aged about 46 years, Occ. Service, 182] Prabhakar Atmaram Ramteke, aged about 48 years, Occ. Service, 183] Ku. Pratima Narayanrao Wakde, aged about 49 years, Occ. Service 184] Ku. Usha Vinayak Madavi, aged about 34 years, Occ. Service, 185] Ganpat Damaji Fulzele, aged about 49 years, Occ. Service, 186] Nitesh Shamuwel Wankhede, aged about 47 years, Occ. Service, 187] Ku. Vanmala Mahadeo Deurmale aged about 42 years, Occ. Service Nos. 177 to 187 are R/o.

C/o. Shriram VJNT Pry. Ashram School, Manora, Tq. Balarpur, Distt. Chandrapur, run by Jankalyan Magaswargiya Shikshan

Sanstha, Karanji.

188] Santosh Jagannath Tonge, aged about 52 years, Occ. Service, 189] Shankar Ramaji Khuspure, aged about 48 years, Occ. Service, 190] Sharad Datta Watore, aged about 51 years, Occ. Service, 191] Rajesh Nilkanth Bodhe, aged about 49 years, Occ. Service, 192] Vijay Khanderao Rathod, aged about 49 years, Occ. Service, 193] Bibhishan Gulabrao Chawhan, aged about 51 years, Occ. Service, 194] Vyankati Manmatji Kamble, aged about 53 years, Occ. Service, 195] Sharad Balaji Itankar, aged about 47 years, Occ. Service, 196] Namdeo Harichandra Pawar, aged about 47 years, Occ. Service 198] Namdeo Digambar Rathod, aged about 45 years, Occ. Service, 199] Ramji Sakharam Rathod, aged about 49 years, Occ. Service, 200] Abdul Naim Abdul Rafik Ansari, aged about 49 years, Occ. Service 201] Vitthal Sakharam Chawhan, aged about 44 years, Occ. Service, 202] Gunwant Udhav Vaidya, aged about 59 years, Occ. Retired Nos. 188 to 202 are R/o. C/o. Ambaru

Naik Madhyamik Ashram School, Nagrala, Tq. Jiwti, Distt. Chandrapur run by Lalbahadur Shastri Shikshan Prasarak Mandal, Digras, Sthit Gadchandur.

203] Shivaji Ramchandra Chawhan, aged about 48 years, Occ. Service 204] Babu Motiram Pawar, aged about 45 years, Occ. Service, 205] Ku. Nirmala Manikrao Jadhav, aged about 50 years, Occ. Service 206] Chandar Rajaram Chawhan, aged about 55 years, Occ. Service 207] Vinayak Kondiba Jadhav, aged about 52 years, Occ. Service, 208] Bhagwan Laxman Rathod, aged about 46 years, Occ. Service, Nos. 203 to 208 are R/o. C/o. Sanjay Gandhi Pry. Ashram School, Nagrala, Tq. Jivti, Distt. Chandrapur, run by Lalbahadur Shastri Shikshan Prasarak Mandal, Digras, Sthit Gadchandur 209] Mahendra Laxmanrao Sepurwar, ] respondents 209 aged about 39 years, Occ. Service, R/o.

]and 210 deleted C/o. Khemaji Naik Jr. College, Pitiguda, ] vide court order tq. Jiwti, Distt. Chandrapur run by ] dated 23.6.2023.

Jangagruti Shikshan Prasarak Mandal, ] Shekapur, Sthit Chandrapur.

] ] 210] Namdeo Motiram Pawar, ] aged about 43 years, Occ. Service, ] R/o. C/o. Vansatrao Pry. Ashram ] School, Pitiguda, tq. Jiwti, Distt.

] Chandrapur run by Jajagruti ] Shikshan Prasarak Mandal, ] Shekapur Sthit Chandrapur.

]

211] Panjab Sonbaji Kubade, aged about 60 years, Occ. Retired, R/o. C/o. Madhyamik Ashram Shala Dhanoli run by Janjagrupti Shikshan Prasarak Mandla, Shekapur Sthit Chandrapur.

212] Rahul Sambhaji Nale, aged about 52 years, Occ. Service, 213] Ramesh Gosai Taksande, aged about 55 years, Occ. Service, 214] Gamtidas Hariram Durge, aged about 46 years, Occ. Service, 215] Dhanraj Udhav Chunarkar, aged about 52 years, Occ. Service, 216] Lalbahadur Gulabchand Waghmare, aged about 48 years, Occ. Service, 217] Madhukar Pochu Chanmenwar, aged about 41 years, Occ. Service 218] Kishan Tulshiram Jadhav, aged about 43 years, Occ. Service, 219] Gulab Haridas Padwekar, aged about 53 years, Occ. Service, 220] Baba Maroti Bhoyar, aged about 51 years, Occ. Service 221] Ramesh Tulshiram Rathod, aged about 46 years, Occ. Service, 222] Vilas Odolu Bahirwar, aged about 45 years, Occ. Service, 223]. Ku. Bijutai Shivram Jadhav, aged about 46 years, Occ. Service,

Nos. 212 to 223 are R/o. C/o.

Priyadarshini Indira Gandhi Pry. Ashram School, Bhurkunga, tq. Rajura, Distt. Chandrapur, run by Shri Lalbahadur Shastri Shikshan Prasarak Mandla, Digras, Sthit Gadchandur.

224] Lobhaji Chtru Pawar (Dead) through Gopabai Lobhaji Pawar, R/o. C/o. Smt. Pannabai Madhyamik Ashram School Dampur Mohada, Tq. Jiwti, Distt. Chandrapurrun by Lalbahadur Shashtri Shikshan Prasarak Mandal Digras (Tanda) 225] Santosh Mohanlal Rathod, aged about 43 yeas, Occ. Service, 226] Madan Maroti Dhawas, aged about 32 years, Occ. Service, Nos. 224 to 225 are R/o.

C/o. Sou. Lalibai Madhyamik Ashram School, Jiwti, Tq. Jiwti, District Chandrapur run by Pratapsingh Shikshan Sansthak, Priparda. 227] Sham Digambar Dhondiparge, aged about 43 years, Occ. Service, R/o. C/o. Ambaru Naik Madhyamik Ashram School, Nagrala, Tq. Jiwti, Distt. Chandrapur run by Lalbahadur Shashtri Shikshan Prasarak Mandal, Digras (Tanda) 228] Bramhadatt Mohansing Ade, aged about 48 years, Occ. Service, 229] Bhiwa Mahadeo Nannaware, aged about 48 years, occ. Service, Nos. 228 & 229 R/o. C/o. Late Sangala Patil Pry. Ashram School, Kawalgondhi, Tq. Rajura, Distt. Chandrapur run by Sevalal Maharaj Shikshan Sanstha, Dhanoli (Tanda).. ..PETITIONERS

............Versus............

1] The State of Maharashtra, through it's The Chief Secretary Other Backward Bahujan Welfare Department 1st Floor, Vistar Vistar Bhawan, Hutatma Rajguru Chowk, Mantrealaya, Mumbai.

2] The Director, Other Backward Bahujan Welfare, Directorate, State of Maharashtra Pune.

3] The Regional Deputy Commissioner, Social Welfare Department, Nagpur Division, Nagpur 4] The Assistant Commissioner, Social Welfare Department, Chandrapur Division Chandrapur.

-------------------------------------------------------------------------------------------- Mrs. Kirti Satpute, counsel for petitioners.

Mrs. K.S. Joshi, Addl.GP for respondents 1 to 4/State. ------------------------------------------------------------------------------------- CORAM:- ROHIT B. DEO & M.W. CHANDWANI, J J.

DATE : 23.06.2023 JUDGMENT (Per: Rohit B. Deo, J.) Heard.

Rule. Rule made returnable forthwith.

The issue involved is whether the one step promotional pay/increment and incentive granted to the petitioners on the premise that the petitioners were posted in Adivasi and/or

naxal affected area, can be withdrawn. The petitioners are assailing the relevant Government Resolutions. We need not delve deeper in the merits of the matter inasmuch as it is common ground that similar issue was involved inter alia in Writ Petition 244/2021 and after making reference of the decision in Baban S. Chavan and Ors...vs..State of Maharashtra and Ors [(Writ Petition (Stamp) 9543/2021)] rendered by the Principal Seat, the Co-ordinate Bench issued the following directions: "4.

In view of aforesaid, by following a similar course, the Writ Petition is disposed of by passing the following directions:

i) Each petitioner is at liberty to make a representation to the Respondent no.3- The Regional Deputy Commissioner, Social Welfare Department, Nagpur Division, Nagpur against the alleged recovery of excess payment and for continuation of salary in terms of Government Resolution dated 06/08/2002.

ii) The Regional Deputy Commissioner shall decide the representations made by the petitioners within a period of twelve weeks from the first date of proceedings and the order passed would be communicated to the petitioners.

iv) Till the Regional Deputy Commissioner takes a decision on the representations, the petitioners shall continue to receive salary at the same rate at which they were receiving the same prior to such recovery".

We see no difficulty in disposing of the petition by issuing similar directions.

ii) The Regional Deputy Commissioner shall decide the representations made by the petitioners within a period of six months from the first date of proceedings and the order passed would be communicated to the petitioners.

iii) If any adverse order is passed by the Regional Deputy Commissioner, no coercive steps for recovery of any excess payment shall be made for a period of four weeks from the date of communication of such order to the petitioners. iv) Till the Regional Deputy Commissioner takes a decision on the representations, the petitioners shall continue to receive salary at the same rate at which they were receiving the same prior to such recovery".

Rule accordingly. No costs.

(M.W. Chandwani, J.) (Rohit B. Deo, J.) RAVINDRA SURESHRAO P.A. to the Hon'ble Judge belkhede