Vijay Dadu Chavan and Ors. Vs the State of Maharashtra through Secretary and Ors.

Detailed representations have been made by the petitioners to the Chief Minister, Chief Secretary, Finance Secretary and Secretary, Tribal Development Department and Deputy Secretary, Finance Department, State of Maharashtra which are at Page Nos.143 to 145, 146 to 148, 149 to 151, 152 to 154 and 155 to 157 respectively. As many as 428 petitioners are before this Court. The petitioners are working with respondent No.3 – The Commissioner, Tribal

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SHAILAJASHRIKANT Digitally signed by SHAILAJASHRIKANT HALKUDEDate: 2025.12.04 10:44:12 HALKUDE +0530

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Development Department in the entire State of Maharashtra on various ClassIV posts and Tribal Project Offices. The petitioners are working as Sweepers, Kamathi, Cook, Watchman and Peon in Government Ashram Schools and Hostels, wherein as per the Government Scheme, accommodation and food is given to all residential students. The petitioners are working in different parts of the State. According to the petitioners, the Government of Maharashtra issued Government Resolution dated 13^th February, 2023, thereby accepted the recommendations / Report Part -II of State Wages Reform Committee, 2017 for 7^th Pay Commission. As per this Government Resolution, all employees of the Government Department have got benefits, but unfortunately in Tribal Development Department, except Superintendent (Man), the benefits are not granted to Class IV employees as the Committee did not recommend the benefits to the post of the petitioners.

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It is submitted that similarly situated employees in all other Departments in Class IV have been given the benefits of revised pay Scale. The petitioners are working in Government Ashram School from 7.00 a.m to 10.00 p.m without break. It is the contention of the petitioners that their working hours are more, compared to other class IV employees working in other Government Departments. Despite which, though similarly situated employees have got the benefits of Government Resolution dated 13^th February, 2023, the petitioners are not granted such benefits.

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Prima facie, we find substance in the submission of the learned Counsel for the petitioners. There is no doubting fact that the petitioners who are working in Ashram Schools are posted in difficult areas and have to discharge duties under trying circumstances. In such circumstances, the petitioners would be justified in making grievance that if Class IV employees who are discharging similar nature of duties in other Government Departments are granted the benefits of the Government Resolution dated 13^th February, 2023, there is no reason why the petitioners should be deprived of such benefits.

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Learned Counsel for the petitioners, in all fairness, submitted that the petitioners would be satisfied if the State Government considers the representations made by the petitioners at Page Nos.143 to 145, 146 to 148, 149 to 151, 152 to 154 and 155 to 157 of the Paper Book and confer the same benefits as given to similarly situated employees in other Government Departments. In such view of the matter, we request the Chief Secretary/Finance Secretary or any Competent Officer designated by the State of Maharashtra to carefully examine the representations which are at Page Nos.143 to 145, 146 to 148, 149 to 15, 152 to 154 and 155 to 157 and take an informed decision in conferring the benefits of the Government Resolution dated 13^th February, 2023 to the petitioners, if they are rightfully entitled to such benefits.

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We have no manner of doubt that the Competent Authority will be sensitive and conscious of the fact that the petitioners are discharging duties under very difficult circumstances and working for long hours thereby ensuing that the petitioners get the benefits to which they are rightfully entitled to. Representations at Page No.143 to 145, 146 to 148, 149 to 151, 152 to 154 and 155 to 157 of the paper book may be examined and decided as expeditiously as possible and, in any case, within a period of twelve weeks from the date of communication of this order. If necessary, the Competent Authority may call the petitioners for hearing in representative capacity.

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The petition is disposed of in the aforesaid terms.

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[AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.]

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Vijay Dadu Chavan and Ors. v. the State of Maharashtra through Secretary and Ors.

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Vijay Dadu Chavan and Ors. v. the State of Maharashtra through Secretary and Ors.

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