Prakash S/O Ramlal Jaiswal And 4 Others v. The Zilla Parishad, Buldhana Through Its Chief Executive Officer, Buldhana And 3 Others

07.10.wp.6718..13

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6718 /2013 (Prakash s/o Ramlal Jaiswal & others vs. The Zilla Parishad, Buldhana and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. P.D.Meghe, Advocate for petitioner Mrs. S.S.Jachak, Advocate for respondents 1 and 2 CORAM : SMT. VASANTI A. NAIK & A.I.S. CHEEMA, JJ.

DATED : 7th October, 2015.

Heard.

By this petition, the petitioners seek a direction to the respondent-Zilla Parishad to grant time-bound promotion to the petitioners with effect from 1.10.1994.

Shri P.D.Meghe, the learned counsel for the petitioners states that the petitioners do not press the prayer made in prayer clause (i) and the grievance of the petitioners would stand redressed if this Court directs the respondents to grant the benefit of higher pay-scale to the petitioners, with effect from 1.10.1994. It is stated that, in fact, the Chief Executive Officer of the Zilla Parishad has sent the necessary proposal for granting the higher pay scale to the petitioners with effect from 1.10.1994 to the Divisional Commissionerrespondent no.3 to the Writ Petition. It is further

07.10.wp.6718..13 stated that the issue involved in this Writ Petition stands answered in favour of the petitioners, by the judgment dated 19.9.2013 in Writ Petition No. 4915/2012.

Shrimati S.S. Jachak, the learned counsel appearing for the Zilla Parishad does not dispute the law, as laid down by this Court in the judgment dated 19.9.2013 in Writ Petition No.4915/2012. It is stated that the proposal of the petitioners is forwarded by the Zilla Parishad to the Divisional Commissioner-respondent no.3.

Since the issue involved in this case stands answered by the judgment and order dated 19.9.2013 in Writ Petition No.4915 /2012, for the reasons recorded in the said judgment, we partly allow this Writ Petition and direct the respondents to grant the benefit of higher pay-scale to the petitioners with effect from 1.10.1994. Order accordingly. No costs.

JUDGE JUDGE sahare