Allowed

Mahendra Shriram Borase and Others v. the State of Maharashtra and Others

Bombay HC9 Jan 2024WP/8062/2022

Case brief

AI extract

What is this about?

The Court allowed a writ petition by officials working in Tribal areas seeking simultaneous ACPS scheme benefits and One Step promotional Scale. It quashed recovery actions and directed the respondent authority to verify eligibility and grant pay scale benefits with arrears.

What did the court decide?

Quashed recovery action; directed Respondent No.4 to verify eligibility, grant one-step pay scale with arrears, and issue notices to ineligible candidates.

Mahendra Shriram Borase and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2024)

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2024:BHC-AUG:759-DB

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wp 8062 .22

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 8062 OF 2022

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MAHENDRA SHRIRAM BORASE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

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…
Advocate for the Petitioners : Mr. Pawar Ajay D.
AGP for Respondents/State : Mr. S.B. Narwade

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CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATE :9th January, 2024

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P.C. :-

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1.In this Petition, the identically placed Petitioners have put furth

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prayer clauses [B], [BB], [C] and [D] which read as under:-

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“B) To direct the Respondents to grant the benefit of ACPS Scheme after completion of twelve years continuous service without disturbing the benefits of Ek-Star Scale (One step promotional Scale) as per G.R. Dated 6.8.2002 in favour of Petitioners, since the Petitioners are still working in the Tribal Area, by issuing writ of mandamus or any other appropriate writ or direction as the case may be.

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BB) The respondent authorities May kindly be directed not to revoke the Benefits of Ek-star (one-step Pay scale) which the Petitioner are receiving in view of G.R. dated 6th August 2002 till Petitioners work in the tribal / PESA area by issuing necessary writ or directions as the case may be.

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C) The Respondents may kindly be directed to pay the arrears of salary of the Petitioners as per the ACPS scheme benefits from the date of ton applicability, if any, in favour of petitioners by issuing writ of mandamus or any other appropriate writ or direction as the case may be.

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( 2 ) wp 8062 .22

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D) It may please be hold and declared that, as long as the Petitioners are working in Tribal area, the Petitioners are entitled for both the benefits i.e. benefit of ACPS scheme (after completion of 12 years continuous service) as well as One Step promotional Scale (i.e. benefits under G.R. Dated 6.8.2002) simultaneously, by issuing necessary writ or direction as the case may be.”

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2. We have considered the submissions of the learned Advocates for
the respective sides and have perused the series of orders passed by this Court
in favour of similarly situated Petitioners, which have been annexed to the
petition.

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3. In view of the above, we do not find any such circumstances,
which would convince us to take a different view.

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4. The learned Advocates representing the respective parties in those
cases, (orders which have been annexed to the petition), have clearly stated
that the order passed by this Court at the Principal Seat, in Writ Petition
No.8824/2021, dated 21/12/2021, is applicable to all such cases.

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5. In view of the above, this Writ Petition is allowed in the following
terms :-

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i) The impugned action of recovery initiated by the Respondents, is
quashed and set aside.

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( 3 ) wp 8062 .22

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(ii) Respondent No.4 would also consider each case meticulously in the light
of Clause 3 (7) of the GR dated 06.08.2002. Only on verification of each case,
one step benefit would be granted, if found eligible.

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(iii) Those cases, which do not suffer from any legal impediment after
verification, shall be cleared by Respondent No.4 and the salary benefits, to
which these 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, alongwith their arrears, as well as their current salaries, within a period
of four weeks thereafter.

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(iv) After scrutiny, if any of these Petitioners, on the basis of their records, are
found to be ineligible, Respondent No.4, would issue notices to each of such
Petitioners, so as to enable them to appear before the said authority and
address Respondent no.4.

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(v) After such hearing, which shall be completed within four months from
today, Respondent No.4 shall pass appropriate orders and grant benefits of one-
step pay-scale to those candidates, who are found to be eligible.

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(vi) 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.

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 [Y.G. KHOBRAGADE, J.]

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Mahendra Shriram Borase and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Mahendra Shriram Borase 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

Cases cited

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