Disposed

Shankar Hiraman Jadhav and Others v. the State of Maharashtra and Others

Bombay HC20 Sept 2019WP/1477/2019

Case brief

AI extract

What is this about?

The High Court directed the Zilla Parishad to expeditiously consider the petitioners' claim for a one-step promotional pay scale if they worked in naxalite/tribal areas satisfying criteria under the Government Resolution dated 06.08.2002, completing the exercise within four months.

What did the court decide?

Respondent/Zilla Parishad directed to consider petitioners' case, determine eligibility under Govt Res. dated 06.08.2002, and award one step promotional pay scale within four months.

Shankar Hiraman Jadhav and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2019)

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(1)

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1031-wp-1477-2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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1031 WRIT PETITION NO.1477 OF 2019

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SHANKAR HIRAMAN JADHAV AND OTHERS..PETITIONERS

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS

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Mr. Dhanaji S. Kudle, Advocate for the Petitioners.
Mr. S. G. Karlekar, AGP for Respondents-State.

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CORAM : S. V. GANGAPURWALA &
 ANIL S. KILOR, JJ.

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 DATED : 20th SEPTEMBER, 2019.

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PER COURT:-

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1.Mr. Kudle, the learned counsel for
petitioners submits that, the petitioners are
entitled for the promotional pay scale who
have worked in the tribal and naxalites
area. They are entitled for the said benefit as
per the Government Resolutiondated 06.08.2002. Even
though the Government vide its letter dated 03rd
September 2012 had directed the Zilla Parishad,
Nanded to consider the pay scale as per Government
Resolution dated 06.08.2002 for the primary
teachers who have worked in Kinwat taluka, but
the same is not yet given.

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2.The learned counsel submits that,
thereafter the State vide letter dated

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(2) 1031-wp-1477-2019

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17th April, 2013 had said that the same would be
required to be reconsidered.

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3.We have heard the learned A.G.P. also.

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4.It is not a matter of debate that in view
of the Government Resolution dated 06.08.2002
the persons who have worked in naxalite
and tribal area are entitled for the one step
promotional pay scale. The petitioners claim
themselves to have worked in the said
naxalite/tribal area. It is for the
Zilla Parishad to consider and act upon
the directions given by the Government
vide letter dated 03rd September, 2012. The present
petition is not with regard to arrears of 06th Pay
Commission.

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5.Considering the aforesaid aspects of
the matter, we pass the following order.

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6.The respondent/Zilla Parishad shall
consider the case of petitioners and being
satisfied that the petitioners having worked in the
tribal/naxalite area and satisfy the criteria laid
down in the Government Resolution dated
06.08.2002, then the respondent/Zilla Parishad
shall award the benefit of the one step
promotional/next higher promotional pay scale to
the petitioners. The said exercise shall be done
by the respondent/Zilla Parishad expeditiously and

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(3) 1031-wp-1477-2019

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preferably within a period of four (4) months from
today and if the petitioners are found, eligible
shall make the payment. The writ petition
accordingly is disposed of. No costs.

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(ANIL S. KILOR) (S. V. GANGAPURWALA)
 JUDGE JUDGE

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Devendra/September-19

Shankar Hiraman Jadhav and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shankar Hiraman Jadhav and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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