Lakhichand Bhura Wanjari And Others v. The State Of Maharashtra Through Its Secretary And Others

36-wp6216.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6216 OF 2024 Lakhichand Bhura Wanjari And Others

VERSUS

The State Of Maharashtra And Others ---- Mr.R.D.Bhalerao, Advocate for petitioners Mr.D.R.Korde, AGP for respondent nos.1 to 4 ----

CORAM

: R.G.AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATE : APRIL 28, 2025 ORDER :- After having heard learned counsel for the petitioners and learned AGP for respondent nos.1 to 4 - State, there is a consensus that this petition could be disposed of in terms of the order dated 14.07.2023, passed in Writ Petition No.8329 of 2023. 2.

In view of the above, this Writ Petition is disposed of in terms of the following order:- (i) The impugned action of recovery initiated by the respondents is quashed and set aside.

(ii) The Additional Commissioner, Tribal Development Department, Nashik - respondent No.4, shall scrutinize the records of all these petitioners and the places, at which they are deployed for performing their duties, within a period of 21 days.

36-wp6216.2024 (iii) Those cases, which do not suffer from any legal impediment after verification, shall be cleared by respondent No.4 and the salary benefits, to which they are entitled to, in the light of the onestep pay-scale made available to the employees working in the tribal and PESA areas, shall be paid, along with their arrears, as well as their current salaries, within a period of four weeks thereafter. (iv) After scrutiny, if any of these petitioners, on the basis of their records, are found to be ineligible, respondent No.4, would issue notices to each of such petitioners, so as to enable them to appear before him and address.

(v) After such hearing, which shall be completed within four months from today, respondent No.4 shall pass appropriate orders and grant benefits of one-step pay-scale to those candidates, who are found to be eligible.

(vi) Those petitioners, who suffer adverse orders after the above stated exercise is completed, would be at liberty to avail of a statutory remedy, as is permissible in law.

[SANDIPKUMAR C. MORE, J.] [R.G. AVACHAT, J.] KBP