Shri Sanjay Rambahu Hinge And Others v. State Of Maharashtra Through Its Secretary, Department Of Tribal Development, Mumbai And Others

29.06.wp.7370.14

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7370/2014 (Shri Sanjay Rambhau Hinge and nine others vs. The State of Maharashtra 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.Prashant Shende, Advocate for the petitioners Miss N.P. Mehta, Assistant Government Pleader for Respondent Nos.1 to 3 Mr. A.Z.Jibhkate, Advocate for respondent nos. 4 and 5 CORAM : SMT. VASANTI A.NAIK & MRS.SWAPNA JOSHI, JJ.

DATED : 29th June, 2016 Heard.

By this Writ Petition, the petitioners have sought a direction against the respondent no. 5 to release the annual increments of the petitioners with effect from 2010. The petitioners have also sought a direction against the Project Officer to grant the benefits of Senior Grade pay-scale to the petitioner nos. 1,2 and 4 to 6.

Shri A.Z.Jibhkate, the learned counsel for the Management raises a preliminary objection to the tenability of the Writ Petition. It is stated that there is mis-joinder of causes of action, inasmuch as several causes of action are clubbed in this Writ Petition. It is stated that the petitioners may file a

29.06.wp.7370.14 separate Petition for seeking increments.

Miss N.P. Mehta, the learned Assistant Government Pleader appearing on behalf of the Project Officer, states on instructions, that the Project Officer has, on 29th June, 2016 i.e. today, passed an order granting the benefits of senior grade pay-scale in favour of petitioner nos.1,2 and 4 to 6. It is stated that the grievance of the petitioners against the respondent-Project Officer should stand redressed, in view of this statement. We are not inclined to decide the objection raised on behalf of the Management about the misjoinder of causes of action as the learned counsel for the petitioners states that the petitioners are ready to file a separate petition for seeking the release of annual increments from 2010.

The grievance of the petitioner nos.1,2, and 4 to 6, in respect of non grant of the benefits of senior grade pay-scale to them stands redressed. Hence, we dispose of the Writ Petition with no order as to costs. The points in regard to entitlement of the petitioners to annual increments from 2010, are kept open.

JUDGE JUDGE sahare