Allowed

Vinod Premchand Nirakhe and Others v. the State of Maha., Thr. the Chief Secretary, Govt. of Maha., Mumbai and Ors.

Bombay HC25 Oct 2023WP/1307/2023

Case brief

AI extract

What is this about?

Co-ordinate Bench directed Zilla Parishads to examine cases of Junior Engineers for the Assured Career Progression Scheme entitlement from appointment date, clarifying that the 1984 upgradation is not the first benefit under the 2010 Guidelines.

What did the court decide?

Zilla Parishads directed to examine each petitioner's case for Assured Career Progression Scheme benefits from the date of their appointment as Junior Engineer within four months.

Vinod Premchand Nirakhe and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2023)

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1 3-WP-1307-2023.odt

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2023:BHC-NAG:15625-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO. 1307 OF 2023

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(Vinod Premchand Nirakhe & Ors. Vs. The State of Maharashtra & Ors.)
WITH WRIT PETITION NO. 2415 OF 2023

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(Anil Haribhau Mudholkar & Ors. Vs. The State of Maharashtra & Ors.)
WITH WRIT PETITION NO. 2424 OF 2023

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(Sham Somdatta Pherawani & Ors. Vs. The State of Maharashtra & Ors.)
WITH WRIT PETITION NO. 5185 OF 2023

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(Prafulla Purushottam Jaipurkar Vs. The State of Maharashtra & Ors.)
WITH WRIT PETITION NO. 5200 OF 2023

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(Sanjay Mahadeorao Warankar & Ors. Vs. The State of Maharashtra & Ors.)
WITH WRIT PETITION NO. 5952 OF 2023

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(Rajendra Namdeorao Humane & Ors. Vs. The State of Maharashtra & Ors.)

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Office Notes, Office Memoranda of Coram,

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appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.

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Shri A.B. Gaikwad – Patil, Counsel for the petitioners.

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Shri A.A. Madiwale, Assistant Government Pleader for the respondent/State.

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Ms Vaishali Khadekar, Counsel for respondent no.4 in WP Nos. 1307/2023 and
5185/2023.

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Shri D.M. Kale, Counsel for respondent no.4 in WP Nos. 2415/2023, 2424/2023 and
5200/2023.

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Shri J.K. Matale h/f Shri A.Y. Kapgate, Counsel for respondent no.4 in WP No.
5952/2023.

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CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ. DATE : OCTOBER 25, 2023

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Rule. Rule made returnable forthwith and heard the learned Counsel for
the parties.

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2]Each petitioner who came to be appointed as Junior Engineer with the
respective Zilla Parishads seek benefit of Assured Career Progression Scheme.
Such benefit is sought not from the date of upgradation as Sectional Engineer
but on completion of twelve years service in accordance with the said Scheme.
Our attention is invited to the judgment passed by a Co-ordinate Bench of this
Court in Vijaykumar Manoharrao Nomulwar & Ors. Vs. The State of Maharashtra
& Ors. [Writ Petition No. 1907/2022 decided on 20/4/2023] with other
connected Writ Petitions. In the said Writ Petitions, a direction has been issued to
Zilla Parishads to consider the case of each petitioner in accordance with the
judgment of this Court in Association of the Sub-Ordinate, Kolhapur Vs. State of
Maharashtra [Writ Petition No. 2605/2017 decided on 6/2/2019] and that the

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2 3-WP-1307-2023.odt

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upgradation under the Government Resolution dated 16/4/1984 cannot be
treated as the first benefit within the meaning of Clause2(b)(3) of the
Government Resolution dated 1/4/2010. The learned Counsel for the petitioners
also seeks to rely upon the decision in Suhas s/o Prabhakarrao Dharasurkar &
Ors. Vs. The State of Maharashtra & Ors. [Writ Petition No. 8009/2021 decided
on 2/8/2022] at the Aurangabad Bench with other connected Writ Petitions.
3]Considering the fact that there are various petitioners and that Zilla
Parishads would be required to examine the case of each petitioner individually,
the following order would serve the ends of justice :

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ORDER

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The Zilla Parishads shall examine the case of each petitioner seeking
entitlement to benefit under the Assured Career Progression Scheme from the
date of appointment as Junior Engineer in accordance with the decisions in
Association of the Sub-Ordinate, Kolhapur (supra) and Suhas s/o Prabhakarrao
Dharasurkar & Ors. (supra). The observations made in the decision in Suhas s/o
Prabhakarrao Dharasurkar & Ors. (supra) shall be taken into consideration by
the Zilla Parishads. Necessary exercise be completed within a period of four
months from today. If the petitioners are found entitled for such benefit, the
same shall be extended in accordance with law. It is clarified that if Zilla
Parishads find any particular petitioner not entitled for such benefit, the
aggrieved petitioner is free to challenge that decision in accordance with law.
4]Rule is made absolute in the aforesaid terms with no order as to costs.

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(ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.)

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SUMIT

Vinod Premchand Nirakhe and Others v. the State of Maha., Thr. the Chief Secretary, Govt. of Maha., Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

Vinod Premchand Nirakhe and Others v. the State of Maha., Thr. the Chief Secretary, Govt. of Maha., Mumbai and Ors.

Case brief

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What did the court decide?

What the court decided

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