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Bombay High CourtWP/11214/2023disposed off

Dashrath Bhiku Shingare And ORS v. The State Of Maharashtra Thr Its Secretary General Administration Dept. And ORS

2024-07-09Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. M. Sathaye2 pages

Digitally signed by ANANT KRISHNA NAIK Date:

2024.07.11 15:54:59 +0530 52.WP.11214.2023sir .doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 11214 OF 2023 Dashrath Bhiku Shingare And Ors ....Petitioners V/S The State Of Maharashtra And Ors ....Respondents Mr. A. R. Kapadnis i/b. Mr. Balaji Shinde for the Petitioners Ms. Nisha Mehra, AGP for the Respondent Nos. 1 and 2 CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 9 JULY 2024 P.C.:

1.

Heard learned Counsel for the parties.

2.

The Petitioners 71 in number, working with Zilla Parishad, Sindhudurg have sought a writ of Mandamus to Respondent - Zilla Parishad to grant additional increments as per their Confidential Reports relying on Government Resolution dated 31 October 1989 There is neither an application made by the Petitioners for this relief nor any rejection by the Respondents. The Petitioners are relying on a decision of this Court in Writ Petition No. 10061 of 2022 and other connected Writ Petitions dated 23 November 2022, Writ Petition No. 14240 of 2019 and connected Writ Petitions dated 6 October 2022, Writ Petition No. 932 of 2021 and connected Writ Petitions dated 20 June 2022 and 4 akn 1/2

52.WP.11214.2023sir .doc July 2022, Writ Petition No. 5350 of 2022 dated 27 February 2023. 3.

Since it will have to be factually verified on case to case basis, whether the Petitioners are entitled to benefit claimed, we dispose of this Petition granting liberty to the Petitioners to apply to the Respondent - Zilla Parishad for the reliefs as prayed in this Petition. The Respondent - Zilla Parishad will take decision thereupon, and in case, the Petitioners' case is covered, proceed to pass necessary orders on case to case basis in accordance with law. If the Respondent - Zilla Parishad is proposing to pass any adverse order, then it should be reasoned one after dealing with the judgments which will be relied upon/annexed by the Petitioners to their representations.

4.

After the applications are so made, the Respondent - Zilla Parishad will pass necessary orders as above within a period of 8 weeks thereafter subject to pressing public duties.

5.

Writ petition is disposed of in the above terms. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) akn 2/2