Disposed

Shamsundar Abaji Muley and Others v. State of Maharashtra, Thr. Secretary, Other Backward Bahujan Welfare, Mumbai and Others

Bombay HC26 Apr 2024WP/244/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition concerning the entitlement of fair payment (one step promotional pay scale) for staff working in Naxalite/Tribal areas. The court directed a similar procedure as a prior judgment, allowing representation to the Deputy Commissioner with a stay on coercive recovery.

What did the court decide?

Petitioners directed to make representation; Regional Deputy Commissioner to decide within 12 weeks; stay on coercive recovery for 4 weeks; salary to continue at pre-recovery rate.

Shamsundar Abaji Muley and Others Vs State of… — Pension and Retirement Benefits | Bombay HC (2024)

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945-244-2021.odt 1

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

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WRIT PETITION NO.244 OF 2021

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Shamsundar Abaji Muley and others.

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vs.

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The State of Maharashtra through its Secretary, Other Backward Bahujan Welfare Department, Mumbai and others.

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--------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Shri V.P.Mapari, Advocate for petitioners.

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Shri Amit Madiwale, Assistant Government Pleader for respondents.

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CORAM :- A.S.CHANDURKAR AND M. W. CHANDWANI, JJ. DATE :- 26^th APRIL, 2023

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

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The issue that arises for consideration is with regard to the entitlement of the petitioners to the benefit of one step promotional pay scale for the period when the petitioners were working in Naxalite and Tribal areas under Government Resolution dated 06.08.2002.

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Similar matters raising this issue have been considered and decided earlier. In those orders, reference has been made to the order passed in Writ Petition (Stamp) No.9543/2021 (Baban S. Chavan and ors. vs. State of Maharashtra and ors.) at the Principal Seat. Paragraphs 8 and 9 of the said order dated 14.07.2021 read as under:

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“8. The Education Officer (Primary) Zilla Parishad shall decide the representation of the petitioners within six weeks from the date of first hearing. The order that would be passed by the Education Officer (Primary) Zilla Parishad shall be conveyed to the petitioners within two weeks from the date of passing such order. If the order that would be passed by the Education Officer (Primary) Zilla Parishad is

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945-244-2021.odt 2

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adverse against the petitioners, no coercive steps would be taken against the petitioners for a period of four weeks from the date of communication of the order.

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The Education Officer (Primary) Zilla Parishad in the meanwhile shall continue to pay salaries of the petitioners (one step pay scale) at the rate at which they were being paid prior to the date of recovery of amount.”

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In view of aforesaid, by following a similar course, the Writ Petition is disposed of by passing the following directions:

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i) Each petitioner is at liberty to make a representation to the Respondent no.3- The Regional Deputy Commissioner, Social Welfare Department, Nagpur Division, Nagpur against the alleged recovery of excess payment and for continuation of salary in terms of Government Resolution dated 06/08/2002.

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ii) The Regional Deputy Commissioner shall decide the representations made by the petitioners within a period of twelve weeks from the first date of proceedings and the order passed would be communicated to the petitioners.

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iii) If any adverse order is passed by the Regional Deputy Commissioner, no coercive steps for recovery of any excess payment shall be made for a period of four weeks from the date of communication of such order to the petitioners.

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iv) Till the Regional Deputy Commissioner takes a decision on the representations, the petitioners shall continue to receive salary at the same rate at which they were receiving the same prior to such recovery.

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Rule accordingly. No costs.

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Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date: 26.04.2023 17:35 Andurkar..

Shamsundar Abaji Muley and Others v. State of Maharashtra, Thr. Secretary, Other Backward Bahujan Welfare, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Shamsundar Abaji Muley and Others v. State of Maharashtra, Thr. Secretary, Other Backward Bahujan Welfare, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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