Ganesh Shalikramji Bhagat And Others v. State Of Maha., Thr. Secretary, Department Of Rural Devpt. And Water Conservation, Mumbai And ORS

2025:BHC-NAG:4172-DB 1 909.WP.3602-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3602 OF 2024 ( Ganesh Shalikramji Bhagat & Ors.

Vs.

State of Maharashtra, Thr. its Secretary, Department of Rural Development and Water Conservation, Mantralaya, Mumbai & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.S. Chakotkar, Advocate for the Petitioners. Mr. S.M. Ukey, Addl.GP for the Respondent Nos. 1 & 2/State. Mr. S.S. Shinde, Advocate h/f Mr. S.M. Bhangde, Advocate for the Respondent Nos. 3 & 4.

CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 23rd APRIL, 2025 1.

Heard.

2.

The Petitioners, who are the employees of Zilla Parishad, Amravati and are working in Naxal/Tribal areas, seek the benefit of the Additional House Rent Allowance under the Government Resolution dated 06.08.2002 (page 22). The issue in this regard has already been decided in Writ Petition No.5684/2023, in which it has been held that since the Government Resolution permits the grant of Additional House Rent Allowance, the denial was unjustified. 3.

In response, Mr. Ukey learned Addl.GP for Respondent Nos. 1 and 2/State, and Mr. Shinde, learned

2 909.WP.3602-2024.odt Counsel for Respondent Nos. 3 and 4, do not dispute the applicability of the aforesaid Government Resolution to the Petitioners and the fact that the issue in the case in hand is covered by the decision in W.P. No.5684/2023. 4.

In that view of the matter, the Petition is disposed of by directing the Respondent Nos.3 and 4, who do not dispute the applicability of the aforesaid Government Resolution and the appointment of the Petitioners in Tribal/Naxal areas, as a result of which, they are entitled for the Additional House Rent Allowance as per the aforesaid Government Resolution, to grant the benefit of the Additional House Rent Allowance to the Petitioners. The same shall be done within a period of eight weeks from today. 5.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 23/04/2025 17:41:16