Allowed

Mahadeo Bapuraoji Kapse v. the Chief Exe. Officer, Zilla Parishad, Wardha and Anr.

Bombay HC21 Dec 2016WP/3483/2013

Case brief

AI extract

What is this about?

Allowed two connected writ petitions, holding that petitioners above 45 years with 12 years of service in specific lower cadres are entitled to the higher pay scale of Junior Engineers, directing the respondents to fix such pay scale, apply pensionary benefits, and clear arrears.

What did the court decide?

Rule made absolute; fixation of Junior Engineer pay scale directed; pensionary benefits within three months; arrears cleared within six months.

Mahadeo Bapuraoji Kapse Vs the Chief Exe… — Pension and Retirement Benefits | Bombay HC (2016)

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2112wp3483.13.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.

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Writ Petition No.3483 of 2013

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(Mahadeo Bapuraoji Kapse .vs. The C.E.O., Z.P., Wardha and another) with

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Writ Petition No.3436 of 2013

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(Khushal Sonbaji Manwar .vs. The C.E.O., Z.P., Wardha and another)

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______________________________________________________________________________Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders

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Mr.B.Lahiri, Advocate for the Petitioner. Mr.P.V.Thakare, Advocate for Respondent No.1. Mrs.A.R.Kulkarni, AGP for Respondent No.2.

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CORAM : B.R.GAVAI AND V.M.DESHPANDE, JJ.

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DATE : 21.12.2016.

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Heard.

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It is not in dispute that the facts in the present cases are identical with the facts in a bunch of the petitions bearing Writ Petition No.1246 of 2012 and Others decided by this Court on 16.10.2015.

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The Special Leave Petitions which are filed challenging the order passed by this Court in Writ Petition No.1246 of 2012 and Others were decided by Their Lordships of the Apex Court on 27.1.2014. In that view of the matter, the present Writ Petitions are allowed and disposed of in the following terms :

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2112wp3483.13.odt

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We make the rule absolute by holding that the petitioners who are above 45 years of age and who have completed 12 years' service in the cadre of Civil Engineer Assistants are entitled to higher pay scale in the cadre of Junior Engineers upon completion of 12 years of service in the cadre of Mistri Grade-I, Mistri Grade-II, Muster Clerk, Time Keeper, Draftsman, Tracer, etc.

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The respondents are directed to fix the pay scale of the petitioners in the cadre of Junior Engineers upon completion of 12 years of service in the cadre of Mistri Grade-I, Mistri Grade-II, Muster Clerk, Time Keeper, Draftsman, Tracer, etc.

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The pensionary benefits worked out on the same would be made applicable to the petitioners within a period of three months from today.

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4, The arrears payable to the petitioners on the basis of the aforesaid would be cleared within a period of six months from today.

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Civil Application No.2690 of 2016 in 3483 of 2013 and Civil Application Nos.2691 of 2016 in Writ Petition No.3436 of 2013 :

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2112wp3483.13.odt

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In view of disposal of the Writ Petitions, no orders are necessary on these Civil Applications. Hence, the same are disposed of.

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JUDGE

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JUDGE

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jaiswal

Mahadeo Bapuraoji Kapse v. the Chief Exe. Officer, Zilla Parishad, Wardha and Anr.

Case brief

What is this about?

What did the court decide?

Mahadeo Bapuraoji Kapse v. the Chief Exe. Officer, Zilla Parishad, Wardha and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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