Sampat Mahadev Jadhav And ORS v. The State Of Maharashtra Thr Its Principal Secretary And ORS

Digitally signed by GAURI AMIT GAEKWAD Date:

2024.12.11 16:40:11 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17986 OF 2024 Sampat Mahadev Jadhav and Ors.

....Petitioners

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Sujit Karlekar a/w. Mr. Yogesh B. Bolkar i/b. Mr. Vishnu B. Madan Patil for the Petitioners.

Ms. S.D. Chipde, AGP for the State.

---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 9th DECEMBER, 2024 P.C. :- 1.

The learned Advocate for the Petitioners submits, on instructions, that the Petitioners desire that prayer clause (E) should be considered. The other prayers may not be considered at this stage. If a decision, in the light of prayer clause (E), is taken by Respondent No.1 and if the grievance of the Petitioners is not redressed, they may assail the said decision by preferring a fresh Writ Petition.

2.

Prayer clause (E), reads as under :

"(E) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly direct the respondent No.1 to take positive steps on the applications / proposals dated 17/04/2024 and 24/05/2024 (Annexure - 'O' forwarded by the respondent No.4 as well as the proposal / application dated 06/08/2024 (acknowledged on 03/10/2024) (Annexure - 'Q') forwarded by the respondent No.3, by which, the benefits payable to the petitioners as per the Government Resolutions dated 02/03/2019 and 25/02/2022 are recommended to be payable to the petitioners."

3.

In view of the above, this Writ Petition is disposed off. 4.

Respondent No.1 would consider the proposals dated 17th April, 2024, 24th May, 2024 and 6th August, 2024, as set out in prayer clause (E), within 90 days, in the light of the Government Resolutions dated 2nd March, 2019 and 25th February, 2022. If an adverse decision is arrived at, a reasoned order shall be passed and the same shall be communicated to Respondent Nos.5 to 20, expeditiously.

5.

In the event the proposals are favourably decided, further steps for calculating the arrears, as well as for carrying out

fresh pay fixation, would be initiated expeditiously and without any delay.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)