Anil Shankarao Bhagat And Others v. State Of Maharashtra, Thr. Secretary, Other Backward Bahujan Welfare Dept., Mumbai And ORS

2024:BHC-NAG:13292-DB 1 30.wp.6842.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6842/2024 1.

Anil Shankarrao Bhagat, Aged about 52 years, Occ. Service as Peon, 2.

Ramesh Bhikari Ade, Aged about 56 years, Occu. Service as Cook, Vilas Mohan Chavan, Aged about 50 years, Occ. Service as Clerk, Sujita Dayaram Bhagat, Aged about 48 years, Occ. Service as Helper, 5.

Ramesh Dashrath Pardhi, Aged about 52 years, Occu. Service as Kamathi, 6.

Smt. Suman Tulsiram Rathod, Aged about 46 years, Occu. Service as Cook, 7.

Pralhad Dashrath Pawar, Aged about 57 years, Occu. Service as Kamathi, 8.

Ku. Vandana Tanbaji Fuluke, Aged about 49 years, Occu. Service as Cook, Petitioners No.1 to 8 C/o. Shri Shivajirao Moghe, V.J.N.T. Madhyamik Ashram School, Wadgaon, Tal : Digras, District : Yavatmal.

9.

Vitthal Hasna Rathod, Aged about 59 years, Occ. Kamathi (Retd.),

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10. Bhaurao Narsingh Jadhao, Aged about 57 years, Occu. Service as Helper (Retd.), Petitioner No.9 and 10 C/o. Shri Shivajirao Moghe V.J.N.T.

Primary Ashram School, Mahalungi, Tal. Arni, District : Yavatmal.

11. Babulal Keshram Pawar, Aged about 64 years, Occu. Service as Cook (Retd.)

12. Sheela Kurumdas Rathod, Abed about 58 years, Occu. Service As Cook (Retd.),

13. Kurumdas Fakira Rathod, Aged about 61 years, Occ. Kamathi (Retd.),

14. Smt. Leela Manikrao Bochare, Aged about 65 years, Occ. Service as Helper (Retd.), Petitioners No.11 to 14 C/o. Tapasvi Kashinath Baba Higher Primary/Secondary VJNT Ashram School, Malhiwra, Tal : Digras,District : Yavatmal,

15. Vinayak Digambar Gohane, Aged about 61 years, Occ. Service as Cook (Retd.),

16. Pandurang Bhimaji Kumare, Aged about 57 years, Occ. Service as Cook,

17. Chandu Sitaram Rathod, Aged about 51 years, Odd. Service as Kamathi,

18. Siddharth Vankaram Wanjare, Aged about 52 years, Occ. Service as Helper (Retd.), Petitioner Nos. 15 to 18 C/o. Late Govardhan Rathod VJNT Primary Ashram School Heti, Tq. Arni, Dist. : Yavatmal.

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19. Gajanan Kashiram Pawar, Aged about 47 years, Occ. Service as Cook,

20. Devisingh Barku Rathod, Aged about 50 years, Occ.: Service as Kamathi, C/o. Vasantrao Naik Secondary Ashram School, Chahel, Tah. Mangrulpir, District : Washim.

... PETITIONERS ...VERSUS...

1.

The State of Maharashtra Through its Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai - 32.

2.

The Regional Director, Other Backward Bahujan Welfare Department, Amravati Division, Amravati.

The Assistant Director, Other Backward Bahujan Welfare Department, Yavatmal, Distt. Yavatmal.

The Assistant Director, Other Backward Bahujan Welfare Department, Washim, District : Washim.

...RESPONDENTS.

Mr. R. N. Ghuge, Advocate for Petitioners.

Mr. D. P. Thakare, Addl.G.P. for Respondent Nos.1 to 4/State. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 02/12/2024.

P. C.

.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

2.

The petitioners are seeking second benefit under the Assured Career Progression scheme in terms of the Government Resolution dated 02.03.2019.

4 30.wp.6842.24 The petitioners seek to rely upon the orders dated 15.01.2018 passed in Writ Petition No.7123/2017 (Vikas B. Jadhav and ors. vs. State of Maharashtra and ors.) and order dated 25.11.2019 passed in Writ Petition 7118/2017 (Gopal Ananda Shinde vs. State of Maharashtra and ors.). Undisputedly, the petitioners have received the first benefit in terms of the said scheme.

It is to be noted that in the meanwhile, vide Government Resolution dated 02.03.2019 the Assured Career Progression Scheme has been modified. The benefit of Assured Career Progression Scheme under the recommendations of the Seventh Pay Commission is admissible after a period of 10/20/30 years of service respectively. The Scheme has been made applicable from 01.01.2016. 5.

In view of the aforesaid, we find that the following order would serve the interests of justice:

(i) The respondents shall examine entitlement and eligibility of the petitioners to receive the second benefit under the Assured Career Progression Scheme in light of the Government Resolution dated 02.03.2019 and other relevant Government Resolutions. The respondents shall consider the aforesaid entitlement within a period of eight weeks of receiving copy of this order. If the petitioners are found entitled to receive such benefit, the same shall be released in their favour within a period of four months of such decision being taken. 6.

Rule stands disposed of in aforesaid terms with no order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule