Ganesh Purushottam Fokmare And Others v. Chief Secretary, Higher And Technical Education Dept., Mumbai And ORS.
2025:BHC-NAG:12318-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4160 OF 2025 Shri Ganesh Purshottam Fokmare and others Vs Chief Secretary, Higher and Technical Edun. Depart., 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 Mr. S.N. Chikhale, counsel for petitioners.
Mr. S.M. Ukey, Addl. G.P. for Respondent Nos. 1 to 3/State. CORAM : ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE : 17/11/2025 1.
Heard.
2.
In the present Writ Petition, the petitioners have approached this Court on following prayers:- "(i) Direct the respondents to grant revised payscales of Rs. 4000-6000 to the post of Laboratory Assistants and accordingly petitioners should be given benefit of Revised pay-scale as per Government Resolution dated 27.02.2006 (Annexure-I) which will be formulated in respect to the present 7th pay scale within time bound period in the interest of justice." (ii) Hold and declare that petitioners are entitled to the pay scale of Rs.4000-6000 as prescribed in the Government Resolution dated 27.02.2006 (Annexure-I) as applicable to the Laboratory Assistant and accordingly the petitioner be paid relevant revised monetary benefits as per present 7th pay scale and
arrears thereupon within time bound period in the interest of justice.
(iii) grant any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case and in the interest of justice. 3.
At this juncture, it is important to note that, while approaching this Court with the above referred prayers, the petitioners had issued a legal notice as well as made a representation to the respondent authorities. However, till date, no decision has been taken on such representation or legal notice. From the above prayer clauses, it is apparent that the respondent authorities are required to decide the entitlement of the petitioners as claimed. Therefore, we are of the opinion that, to meet the ends of justice, if the respondent No. 2 is directed to treat the present petition as a representation of the petitioners to take a decision on the demands made by the petitioners in the present petition, purpose will be served.
4.
Accordingly, we dispose of the present writ petition with direction to respondent No.2 to treat the present petition as a representation of the petitioners and, after considering the grounds raised therein regarding their entitlement to the revised pay-scale, decide the same within a period of six weeks from the date of submission of a copy of the petition and the order of this Court.
5.
The petitioners shall submit a copy of this petition along with the documents and the order passed today before the respondent No.2 within a period of two weeks from today. 6.
Respondent No.2 shall grant an opportunity of hearing to the petitioners and the concerned parties if it is of opinion that such hearing is necessary before deciding representation of the petitioners. Any decision taken shall be communicated to the petitioners within two weeks from the date of the decision. ( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.)