SANJAY JAGANNATH PATIL v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND
Case Details
- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 WRIT PETITION NO. 10548 OF 2024 SANJAY JAGANNATH PATIL VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 915 WRIT PETITION NO. 10558 OF 2024 DHARMENDRA BALIRAM WAGH AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 916 WRIT PETITION NO. 10560 OF 2024 LELIN CHANDU PADVI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 917 WRIT PETITION NO. 10561 OF 2024 PANDIT GULABRAO BEDSE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 918 WRIT PETITION NO. 10562 OF 2024 CHETAN HANSRAJ CHAVAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 920 WRIT PETITION NO. 10565 OF 2024 khs/Sep.2024/10548 - 2 - RAJENDRA RAMBHAU KULKARNI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 921 WRIT PETITION NO. 10569 OF 2024 ATMARAM NARAYAN SONAWANE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 922 WRIT PETITION NO. 10573 OF 2024 MANOJ NAROTTAM PATIL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 923 WRIT PETITION NO. 10576 OF 2024 BHAGWAN TUKARAM PATIL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 924 WRIT PETITION NO. 10577 OF 2024 HARISH DATTARAY VENDAIT AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 925 WRIT PETITION NO. 10578 OF 2024 LATA KIRAN PATIL AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND khs/Sep.2024/10548 - 3 - 926 WRIT PETITION NO. 10583 OF 2024 SUNITA FARAMJI GAVIT AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 927 WRIT PETITION NO. 10585 OF 2024 VINAY KESHAV GAVIT AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
Legal Reasoning
Ms.Megha Mali, Advocate for the Petitioners. Mr.A.B.Girase, Government Pleader a/w Mr.S.K.Tambe, Mr.V.M.Kagne, Mr.N.S.Tekale, Mr.S.R.Wakale, Mr.N.D.Batule, Ms.Neha Kamble, AGPS’ for Respondent/State. Mr.P.S.Patil, Standing Counsel for the Respondent/Zilla Parishad, Nandurbar. ( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : SEPTEMBER 26, 2024 PER COURT : 1. In all these matters, the Petitioners are identically placed. In WP No.10573/2024, leave to correct the description of Respondent No.6. Correction be carried out forthwith. 2. In all these Petitions, the Petitioners have put forth khs/Sep.2024/10548 - 4 - identical prayer clauses. For brevity, we are reproducing prayer clause B and C from W.P.No.10548/2024, as under :- “B. The respondent authority may kindly be direct to give/release/grant the benefits of Ekstar (one step pay scale) from the initial date of appointment as per G.R. dated 06.08.2002 as the Petitioner is working in Tribal / PESA/ difficult area and direct the respondents to pay the salary of the petitioner as per the Ekstar (one step pay scale) till the petitioner working in Tribal / PESA / difficult area. By issuing writ of mandamus or any other appropriate writ, order or direction as the case may be. C. The Respondent Authority may kindly be direct the Respondent Nos. 6 to 8 to pay arrears of salary of the petitioner as per the Ekstar (one step pay scale) from the initial dates of appointment as he is working in Tribal area from his appointment till today as per G.R. dated 06.08.2022 issued by the Respondent No.1 and further directs not to revoke the benefits of Ekstar (one step pay scale) as per G.R. dated 06.08.2002 though petitioner entitled for time bound promotion.” 3. We have considered the submissions of the learned Advocate for the Petitioners and the learned A.G.Ps. for the State Authorities. We have perused the series of orders passed by this Court in favour of similarly situated Petitioners, which have been annexed to these Petitions. 4. The learned Advocate for the Petitioners submits that the khs/Sep.2024/10548 - 5 - orders annexed to these Writ Petitions are applicable to the present cases. The order dated 21/12/2021, passed at the Principal Seat of this Court, in Writ Petition No.8824/2021, is also applicable to this case. All the A.G.Ps. submit that, 12 years of service, which is reckoned for granting A.C.P.S. benefits, cannot overlap with the working in the PESA areas. According to them, once a candidate gets the benefits of the A.C.P.S. in the form of additional increment, after 12 years, if he/she is in PESA, he/she would be entitled for one single increment as long as the candidate is serving in the PESA. 5.
Decision
In view of the above, all these Writ Petitions are allowed in the following terms :- (i) The Education Officer of the Zilla Parishad shall scrutinize the records of all these Petitioners and the places at which they are deployed for performing their duties, within a period of 30 days. (ii) Those cases, which are without any legal impediment after verification, shall be cleared by the Education Officer and the salary benefits, to which the Petitioners are entitled to, in the light of the one-step pay-scale, made available to the employees working in the Tribal and PESA areas, shall be paid along with khs/Sep.2024/10548 - 6 - arrears as well as their current salaries, within a period of 45 days thereafter. (iii) After scrutiny, if any of these Petitioners, on the basis of their records, are found to be ineligible, the Education Officer, Zilla Parishad, would issue notices to each of such Petitioners, so as to enable them to appear before the said authority and address the Education Officer. (iv) After such hearing, which shall be completed within 90 days, the Zilla Parishad shall pass appropriate orders and grant benefits of one-step pay-scale to those candidates, who are found to be eligible. (v) 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. 6. We make it clear that, if the Model Code of Conduct is introduced, that would not be an impediment for the compliance of this order. ( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Sep.2024/10548