Writ Petition No. 2330 of 2021 · Bombay High Court
Case Details
1 wp2330.21 Judgment.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2330 OF 2021 1. 2. 3. 4. ...PETITIONER Upendra S/o Madhavrao Kulkarni, Age; 55 years, Occ; In service, Sectional Engineer, Maharashtra Jeevan Pradhikaran, R/o; Plot No. 41, Raj Nagar, Gadiyavihar Road, Shanoorwadi, Aurangabad. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer, (Region Aurangabad) Regional Office, Maharashtra Jeevan Pradhikarn, Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2411 OF 2021 Rajesh s/o Pandurang Maindre, Age; 56 years, Occ; In service as Sectional Engineer, Maharashtra Jivan Pradhikarn, r/o; 14, Himalaya Residency, Khiwansara Park, Garkheda area, Near Riddhi Siddhi Hall, Aurangabad. ...PETITIONER 2 wp2330.21 Judgment.docx 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Opp. Milind College Near Edga Maidan, Chawani Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2404 OF 2021 Shriram S/o Annasaheb Pardeshi, Age; 54 years, Occ; Retired on VRS Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Main Road, Shirur (K) Tq. Shirur (K) District; Beed. ...PETITIONER V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 2. 3. 4. 1. 2. 3. 3 wp2330.21 Judgment.docx Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Opp. Milind College Near Edga Maidan, Chawani Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2426 OF 2021 Pramod s/o Bhaskarrao Pathrikar, Age; 55 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; 69, Nndanwan Colony, Cantonment Aurangabad. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. 4 wp2330.21 Judgment.docx 4. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2454 OF 2021 Mangesh s/o Vasantrao Kulkarni Age; 54 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Vrandavan 25 Suryadeep Nagar, Behind Radha Mangal Karyalaya Satara Parisar Aurangabad. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS 5 WITH wp2330.21 Judgment.docx WRIT PETITION NO. 2456 OF 2021 Laxmikant S/o Bhujangrao Ekbote, Age; 56 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikaran, R/o; Flat No. A-401, Vastuship (A) Apartment, Opp. To Deogiri Vrandavan park, Gut No. 136, Deolai Road, Satara Parisar, Beed Bye Pass Road, Aurangabad. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Regional Office, Aurangabad Region, Aurangabad. WITH ...RESPONDENTS 6 wp2330.21 Judgment.docx WRIT PETITION NO. 2333 OF 2021 Vijay s/o Murlidharrao Kulkarni, Age; 56 years, Occ; In Service, Sub Divisional Engineer, Maharashtra Jeevan Pradhikaran, R/o; 22 Anjany Apartment Flat No. 3, Morya Mangal Karyalaya Road, Shivaji Nagar, Aurangabad City. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad. 1. 2. 3. 4. ...PETITIONER ...RESPONDENTS WITH WRIT PETITION NO. 2370 OF 2021 Shashikant s/o Padmakar Dhawale, Age; 57 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Plot No. 31-B, Sukhad Sahwas Colony, ...PETITIONER 7 wp2330.21 Judgment.docx Near Laxmi Nagar, Garkheda, Aurangabad. 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2368 OF 2021
Legal Reasoning
Gopalkrushna s/o Vyankateshrao Deshmukh, Age; 54 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Shriniwas Yashodhan Nagar, HUDCO, Road Behind Jayakwadi, Parbhani. V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 2. Member Secretary, ...PETITIONER 8 wp2330.21 Judgment.docx Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad Region, Aurangabad. WITH ...RESPONDENTS WRIT PETITION NO. 2369 OF 2021 Ramchandra s/o Sarvottamrao Paithankar, Age; 54 years, Occ; In Service, Sectional Engineer, Maharaashtra Jeevan Pradhikarn, R/o; Plot No. 108, F-1, Swagat Sahanivas, Shreynagar Aurangabad. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, 3. 4. 1. 2. 3. 4. 9 wp2330.21 Judgment.docx Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2332 OF 2021 Shantaram S/o Sambhaji Sarode, Age; 54 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Santosh Niews, Plot No. 3, Sangeeta Colony, Infront of Tejaswini Apartment Nandanwan Colony, Aurangabad. ...PETITIONER V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 2. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. 3. 4. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad Region, Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2403 OF 2021 10 wp2330.21 Judgment.docx Madhukar s/o Vitthalrao Thorat, Age; 55 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikran, R/o; Sharda Kunj Parisar Grahnirman Society, Near SRT College, Viveknand Nagar, Shekewadi, Ambajogai, Tq. Ambajogai, Dist. Beed. 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad Region, Aurangabad. ...PETITIONER ...RESPONDENTS WITH WRIT PETITION NO. 2407 OF 2021 Deepak S/o Bapurao Gundu Age; 55 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Shri Gurukrupa Laxmi Nagar, Nath Nagar, Parbhani 431401. V E R S U S ...PETITIONER 1. 2. 3. 4. 1. 2. 11 wp2330.21 Judgment.docx The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad Region, Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2414 OF 2021 Smt. Vijaya Arun Kulkarni, Age; 50 years, Occ; Household, (Wife of Ex-Serviceman) R/o; Plot NO. 9, Gut No. 95, Part, Peshweve Nagar, Satara Parisar, Aurangabad. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. 3. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco 12 wp2330.21 Judgment.docx Bhavan, Belapur, Navi Mumbai. 4. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Near Commissioner Office, ISP Road, Nashik Region, Aurangabad. ...RESPONDENTS WITH WRIT PETITION NO. 2459 OF 2021 Prakash S/o Gagangir Giri, Age; 55 years, Occ; In Service, Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Bazar Galli Shastri Chowk, Gewarai, Tq. Gewarai, Dist. Beed. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Aurangabad) Regional Office, Maharashtra Jivan Pradhikarn, Aurangabad Region, Aurangabad. ...RESPONDENTS 35 WITH WRIT PETITION NO. 2916 OF 2021 13 wp2330.21 Judgment.docx Tryambak S/o Sopan Gajare, Age; 57 years, Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Anand, Plot No. 54, Mohan Nagar, Mohadi Road, Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ‘ ...RESPONDENTS WITH WRIT PETITION NO. 2985 OF 2021 Arvind Narayan Patil, Age; 58 years, Occ; Retired, Sub Divisional Officer, Maharashtra Jeevan Pradhikarn, R/o; Shiv Colony, Plot No. 143-A, Gut No. 60, Jalgaon. ...PETITIONER V E R S U S 1. 2. 3. 4. 1. 2. 14 wp2330.21 Judgment.docx The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2970 OF 2021 Sudhir S/o Devidas Dahake, Age; 56 years, Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Biba Residency, Flat No. 8, Jalgaon. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. 3. 4. 1. 2. 3. 4. 15 wp2330.21 Judgment.docx The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2987 OF 2021 Nitin Damodar Kolhe, Age; 56 years Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Anubandh, Plot No. 18, Uidyut Colony, Tq. & Dist. Jalgaon. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS 16 wp2330.21 Judgment.docx WITH WRIT PETITION NO. 2988 OF 2021 Habibkhan Hamidkhan Pathan, Age; 57 years, Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Shani Nagar, Shanti Complex, Flat No. 4, First Floor, Yawal Road Bhusawal, District; Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2990 OF 2021 Ravindra S/o Ramdas Thakur, Age; 53 years, Occ; In Service as Sectional Engineer, Maharashtra Jivan Pradhikarn, 17 wp2330.21 Judgment.docx R/o; Shrikrushna Colony, Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2977 OF 2021 Ajay s/o Govind Chavan, Age; 56 years, Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; 7/2, Tiwari Nagar, Jalgaon. ...PETITIONER V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 2. Member Secretary, 18 wp2330.21 Judgment.docx Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2989 OF 2021 Sahebrao Sadashiv Pawar, Age; 58 years, Occ; Retired, Sub Divisional Officer, Maharashtra Jeevan Pradhikaran, R/o; 13, Shri Nagar, Mahabal Area, Jalgaon. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, 3. 4. 1. 2. 3. 4. 19 wp2330.21 Judgment.docx Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2978 OF 2021 Vijaykumar S/o Vaman Badhe, Age; 64 years, Occ; Ex-Servicman, R/o; 18, Laxmi Nagar, Near Girna Tank, Dist; Jalgaon. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. 1. 2. 3. 4. ...PETITIONER ...RESPONDENTS WITH WRIT PETITION NO. 2980 OF 2021 Anand s/o Sudam Karandikar, Age; 59 years, Occ; Retired as Sub Divisional Engineer, Maharashtra Jeevan Pradhikarn, 20 wp2330.21 Judgment.docx R/o; Datta Colony, Erandol, Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2984 OF 2021 Hitendrasingh S/o Bhojesingh Rajput, Age; 61 years, Occ; Retired, Sectional Engineer, Maharashtra Jivan Pradhikarn, R/o; Plot No. 23, Om Nagar, Shahada Road, Shirpur Dhule. ...PETITIONER V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 21 wp2330.21 Judgment.docx Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2974 OF 2021 Sanjeev S/o Damodhar Nemade, Age; 58 years, Occ; Retired, Sub Divisional Officer, Maharashtra Jeevan Pradhikarn R/o; 49-B, Manraj park, Pimprala, Tq. & Dist. Jalgaon. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, ...RESPONDENTS 2. 3. 4. 1. 2. 3. 4. 22 wp2330.21 Judgment.docx Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. WITH WRIT PETITION NO. 2975 OF 2021 Premchand S/o Vishnu Manure, Age; 55 years, Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; 23, “Anuprem”, Maruti Park, Shiv Colony, Jalgaon. V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 2. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. 3. 4. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...PETITIONER ...RESPONDENTS WITH WRIT PETITION NO. 2968 OF 2021 Devidas S/o Totaram Bendale, 23 wp2330.21 Judgment.docx Age; 61 years, Occ; Ex-Sericeman, R/o; At Post Nhavi, Tq. Yaval, Dist; Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2969 OF 2021 Shaligram S/o Rajaram Chavan, Age; 57 years, Occ; In service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Mohan Nagar, Near Chandrlok Apartment Zilla Peth Jalgaon. ...PETITIONER V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 24 wp2330.21 Judgment.docx 2. 3. 4. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2976 OF 2021 Jamil Ismail Maniyar, Age; 53 years, Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhikarn, R/o; Block No. 1, Apna Ghar Society, Behind Urdu Primary School, Mehrun, Jalgaon. ...PETITIONER V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. 2. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. 3. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. 4. Chief Engineer (Region Nashik) 25 wp2330.21 Judgment.docx Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2981 OF 2021 Subhash s/o Suka Bangale, Age; 60 years, Occ; Ex-Serviceman, R/o; 31, Manas Building, Swatantra Chowk, Jillapeth, Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2982 OF 2021 Gulab S/o; Jagannath Marathe, Age; 58 years, Occ; Retired, Sectional Engineer, Maharashtra Jivan 26 wp2330.21 Judgment.docx Pradhikarn, R/o; Gut No. 78, Plot No. 29, Kolhe Nagar (W), Near Shardashram School Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2971 OF 2021 Vinod S/o; Shriram Chaudhari, Age; 56 years, Occ; In Service as Sub Divisional; Officer, Maharashtra Jivan Pradhikarn, R/o; Plot No. 5/1, Raviraj Colony, Mahabaj, Jalgaon. V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. ...PETITIONER 27 wp2330.21 Judgment.docx 2. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. 3. 4. 1. 2. 3. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2973 OF 2021 Bhaskarrao S/o Chindhu Patil, Age; 60 years, Occ; Retired, Sub Divisional Engineer, Maharashtra Jivan Pradhikarn,/ Z.P. Sub. Division, Muktai Nagar, R/o; 23, Bendale, nagar, Jalgaon, Dist; Jalgaon. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. 4. Chief Engineer (Region Nashik) 28 wp2330.21 Judgment.docx Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2972 OF 2021 Arun S/o Bhanudas Kirange, Age; 55 years, Occ; In Service as Sectional Engineer, Maharashtra Jeevan Pradhkiarn, R/o; Pawan Nagar, Bhusawal, 425201. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2979 OF 2021 Chandrakant S/o Shaligam Patil, 29 wp2330.21 Judgment.docx Age; 59 years, Occ; Retired, Sub Divisional Officer, Maharashtra Jeevan Pradhikarn, R/o; 23, Borole Nagar, Chopda, Dist; Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2986 OF 2021 Sudhirkumar s/o Vishwanath Mahajan, Age; 57 years, Occ; Retired, Sectional Engineer, Maharashtra Jeevan Pradhikaran, R/o; Nirmal Vishwa, Plaot No. 63, Ganesh Golony, Jalgaon. ...PETITIONER V E R S U S 1. The State of Maharashtra Through Water Supply and Sanitation 30 wp2330.21 Judgment.docx Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2991 OF 2021 Nandkishor S/o Baliram Nagote, Age; 61 years, Occ; Retired, Sectional Engineer, Maharashtra Jivan Pradhikarn, R/o; Plot NO. 54, gut No. 60, Shiv Colony, Jalgaon. ...PETITIONER V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. 2. 3. 4. 1. 2. 3. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco 31 wp2330.21 Judgment.docx Bhavan, Belapur, Navi Mumbai. 4. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS WITH WRIT PETITION NO. 2983 OF 2021 Sunil S/o Vamanrao Chaudhari, Age; 57 years, Occ; In Service, as Sub Divisional Officer, Maharashtra Jeevan Pradhikarn, R/o; 70/2, Old Bhagwan Nagar, Behind Girana Tank, Jalgaon. ...PETITIONER 1. 2. 3. 4. V E R S U S The State of Maharashtra Through Water Supply and Sanitation Department, G.T. Hospital Road, New Mantralaya, Mumbai. Member Secretary, Maharashtra Jeevan Pradhikaran, Express, Towers, 4th Floor, Nariman Point, Mumbai. The Chief Administrative Officer, Maharashtra Jeevan Pradhikarn, Cidco Bhavan, Belapur, Navi Mumbai. Chief Engineer (Region Nashik) Regional Office, Maharashtra Jivan Pradhikarn, Near Commision Office, ISP Road, Nashik Road, Nashik. ...RESPONDENTS 32 wp2330.21 Judgment.docx ……………………………. Shri Gaurav L. Deshpande, Advocate for Petitioner in All Matters. Smt. R.P. Gaur, Learned AGP for Respondents-State Shri Amol G. Wasmatkar, Advocate for Respondent Nos. 2 & 3 (except in WP 2369/2021, WP 2989/2021 and WP 2991 of 2021) ………………………………. CORAM : MANGESH S. PATIL & SANDEEP V. MARNE, JJ. DATE : 19.09.2022 JUDGMENT : [PER : SANDEEP V. MARNE, J.] 1. 2. Rule. Rule made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission. 3. The common issue involved in the present petitions is whether the upgradation granted on the post of Sectional Engineer can be treated as a set off against the financial upgradation to be granted under the provisions of Assured Career Progression Scheme (for short ‘ACP Scheme’). The issue is no more res-integra and is squarely covered by the judgment of this Court dated 06.02.2019 in Writ Petition No. 2605 of 2017 in The Association of Subordinate Service of Engineers Maharashtra State and Ors. Vs. State of Maharashtra and Ors. In paragraph No. 42 of the judgment it is held as under : “42. In this view of the matter, the denial of the 33 wp2330.21 Judgment.docx 'second benefit' under the MACP Scheme, with reference to an exercise of cadre restructuring and the revision in pay scale, in the year 1984, appears to be legally unsustainable. We are, thus, inclined to answer the aforesaid question in the 'negative'. We hold and declare that the upgradation under GR dated 16th April, 1984 does not constitute grant of non functional pay scale and cannot be treated as the 'first benefit' within the meaning of Clause 2(b)(3) of the GR dated 1 st April, 2010. We are, thus, inclined to allow the petition.” 4. Again, in the case of Suhash Prabhakarrao Dharasurkar and Ors. Vs. State of Maharashtra and Ors., in Writ Petition No. 8009 of 2021 decided on 02.08.2022, the same issue was dealt with again and following decision in The Association (Supra) and a direction has been issued to grant admissible financial upgradation by ignoring the provisions of non-financial upgradation granted on the post of Sectional Engineers. 5. The grievance of the petitioners is that the upgradation granted to them on the post of Sectional Engineer is still being counted for ACP Scheme benefits on account of which, they have been deprived of second financial upgradation on completion of 24 years of service. 6. For better understanding of the background in which the controversy arises, it would be necessary to deal with some factual details of the petitioner in Writ Petition No. 2330 of 2021. He was initially appointed on the post of Junior Engineer (Civil) on 28.11.1984. He was granted upgradation on the post of Sectional Engineer on 34 wp2330.21 Judgment.docx 01.04.1990. His upgradation to the post of Sectional Engineer was treated as first promotion earned by him. Therefore, for the purpose of granting financial upgradation under the ACPS, the period of 12 years was computed from 01.04.1990 and he was granted the benefit of the first financial upgradation under the ACPS w.e.f. 01.04.2002. His demand is for ignorance of the upgradation granted on the post of Sectional Engineer w.e.f. 01.04.1990, in view of judgment of this Court in The Association (Supra). Once the upgradation granted on the post of Sectional Engineer is ignored, the period of 12 years and 24 years for grant of first and second financial upgradation would become computable from the date of his initial appointment i.e. 28.11.1984. 7. Mr. Wasmatkar, the learned Advocate appearing for respondent Nos. 2 and 3 has expressed various difficulties for extending the benefit of judgment in The Association (supra) to the case of the petitioners. Referring to the Modified Assured Progression Scheme, for short (MACPS), he would submit that a proposal was submitted to the State Government on 01.10.2018 for implementation of MACPS and that the State Government has rejected the proposal. He, therefore, expresses inability on the part of respondent Nos. 2 and 3 to extend the benefit of the judgment of this Court to the petitioners. He would further submit that the petitioners are demanding the pay scales of the post of Executive Engineer, whereas, under the ACPS/ MACPS the next pay scale in the hierarchy is required to be extended and not the pay scales of higher post. 35 wp2330.21 Judgment.docx 8. We find that all the objections raised by Mr. Wasmatkar, are completely misplaced. He has unnecessarily mixed up the issue involved in the present case with that of MACP Scheme. The petitioners have not demanded the benefit of MACP Scheme in the present petition nor are we called upon to decide the issue of applicability or otherwise of MACP Scheme to the Respondent orginisation. We proceed on an admitted position that ACP Scheme has been applied in Respondent organisation and would limit the issue of entitlement of the Petitioners for financial upgradation only under ACP Scheme. All that the petitioners demand is to ignore the upgradation granted to the post of Sectional Engineer for the purpose of grant of financial upgradation under the ACPS. Therefore, the difficulties expressed by Mr. Wasmatkar, about the implementation of the MACP Scheme are totally irrelevant. 9. So far as, the objection of Mr. Wasmatkar, about the exact pay scales to be extended to the petitioners, we do not express any opinion in that regard. It is for respondent Nos. 2 and 3 to examine each case on merits and determine as to whether, the respective petitioner is eligible for grant of financial upgradation under the ACPS or not and if found so eligible, what exact payscale is to be granted to him/her by way of financial upgradation under ACPS. We express no opinion about the same. 10. Consequently, Writ Petitions are allowed by directing respondents not to take into consideration the upgradation granted on 36 wp2330.21 Judgment.docx the post of Sectional Engineer while considering the entitlement of the petitioners for grant of financial upgradation under the ACPS. In case the petitioners are found eligible for grant of such financial upgradation, the consequential benefits be extended to them within a
Decision
period of four months from today. The Writ Petitions are allowed to the above extent. 11. Rule is made absolute. ( SANDEEP V. MARNE ) ( MANGESH S. PATIL ) JUDGE JUDGE mahajansb/