Balkrishna Madan Bhosale And ORS v. The Asst. Commissioner Obc Welfare Office And ORS

911-wp-18505-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18505 OF 2024 Balkrishna Madan Bhosale and Ors. ....Petitioner versus NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.03.11 13:17:30 +0530 The Assistant Commissioner OBC Welfare Office and Ors.

....Respondents Mr. Umesh C. Kurund, for the Petitioner.

Mr. P. P. Kakade, Add. G. P. a/w Mr. T. J. Kapre AGP for the State. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 7th MARCH, 2025 P.C. :- 1.

The Petitioners have put forth prayer clauses (b) and (c) as under:- "b) This Hon'ble Court be pleased to issue writ of Mandamus and/or any other writ, order, direction in the nature of mandamus, directing the Respondent Authorities to make available the benefits of ACPS scheme as provided by the judgment order dated 29.9.2013 passed in Writ Petition No. 2358 of 2013 and others;

c) This Hon'ble court be pleased to issue Writ of mandamus and/or any other writ, order, direction in the nature of mandamus, directing the Respondent Authorities to grant higher and promotional pay scale to the Petitioners on the basis of completion of 12 years services alongwith interest within a period of four weeks from the date of passing of order;"

Nikita

911-wp-18505-2024.odt 2.

The issue raised by the Petitioners is covered by the judgment of this Court dated 21st September, 2013 delivered in Writ Petition No.2358 of 2013 and group of matters (Kiran Namdeo Shinde and Ors. Vs. State of Maharashtra).

3.

In view of the above, this Writ Petition is disposed off. The petition would be treated as a representation by the Petitioners addressed to Respondent No.1. The said Authority would carry out a scrutiny of the claims of the Petitioners on their own merits, in light of the law laid down in Kiran Namdeo Shinde (supra) and a decision would be arrived at within a period of 60 days from today. 4.

We expect the decision to be a reasoned order. If any of the Petitioners is aggrieved by the said order, liberty to avail of a remedy as is permissible in law.

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