1 jg.w.p.6788.13 & 4002.16.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 6788 OF 2013
(1) Suparao Gulabrao Deshmukh,
aged 65 years, occ. Retired,
r/o Ward No. 16, Pundlik Nagar,
Chikhli, District Buldhana.
(2) Ramzan Khan s/o Faiz Alam Khan
Pathan, aged about 64 yrs., Occ. -
Retired, R/o Anandi Building,
D. J. Nagar, Bhoisar, Tah. Palghar,
Dist. - Thane.
(3) Ramdas S/o Daulat Barde, aged
about 65 years, occupation retired,
R/o Barde Kirana Store, Kela Nagar,
Near Ram Mandir, Khamgaon,
Dist. Buldhana.
(4) Dinkar Namdeo Nafde
Aged about 68 Yrs., Occ. - Retired,
R/o Bawanbir, Tah. - Jalgaon (J),
Dist. - Buldhana.
(5) Sadashiv s/o Shgenfad Satbhakre
Aged about 64 yrs., Occ.-Retired,
R/o Ward No. 9, Civil Colony,
Deaulgaon Raja, Dist. - Buldhana. ... Petitioners
VERSUS
(1) The Zilla Parishad, Buldhana,
through its Chief Executive Officer,
Tq. District Buldhana.
(2) The Executive Engineer, Zilla
Parishad, Construction Division,
Buldhana
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2 jg.w.p.6788.13 & 4002.16.odt
(3) The Divisional Commissioner,
Amravati Division, Amravati.
(4) The State of Maharashtra, through
Secretary, Department of Rural
Development and Water Conservation,
Mantralaya, Mumbai 400 032. ... Respondents
WITH
WRIT PETITION NO. 4002 OF 2016
(1) Mukund S/o Ashru Sawale,
Aged about 72 years, Occ. Retired,
R/o At Post Deulghat, Tq. Chikhali,
Dist : Buldhana.
(2) Rambhau S/o Saoji Bharambe,
aged about 69 years, occ. : retired,
R/o Ward No. 1, Karhale Layout,
Malkapur Road, Buldhana,
Tah. & Dist. Buldhana. ... Petitioners
VERSUS
(1) The Zilla Parishad, Buldhana,
through its Chief Executive Officer.
(2) The Executive Engineer, Zilla
Parishad, Construction Division,
Buldhana.
(3) The Divisional Commissioner,
Amraoti, Division, Amraoti.
(4) The State of Maharashtra, through
Secretary, Department of Rural
Development and Water Conservation,
Mantralaya, Mumbai - 400 032. ... Respondents
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3 jg.w.p.6788.13 & 4002.16.odt
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Shri P. D. Meghe, Advocate for the petitioners
Mrs. S. S. Jachak, Advocate for the respondent nos. 1 and 2
Shri M. K. Pathan, Assistant Government Pleader for the respondent
nos. 3 and 4
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CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 27/11/2017. Oral Judgment (Per : R. K. Deshpande, J.)
All the petitioners in these two petitions were working in the Grade of Mistri in the service of Zilla Parishad, Buldhana and they were placed in the pay scale of Rs. 4000-6000 with effect from 1-1-1996. All of them have retired from service during the period from 2002 to 2006 from the post of Civil Engineering Assistant on which post, they were absorbed by order dated 21-1-2012 with effect from 20-5-1999.
2. The Department of Rural Development, made applicable the time bound promotion scheme to the employees working under the Zilla Parishad with effect from 1-10-1994, by adopting a scheme framed on 18-6-1998, by the Irrigation Department of the State Government. Under the said scheme, the employees working in the post ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 4 jg.w.p.6788.13 & 4002.16.odt of Civil Engineering Assistant in the service of Zilla Parishad were entitled to be placed in the pay scale of Rs. 5500-9000 available to the promotional post of Junior Engineer with effect from date of completion of their 12 years of continuous service in the grade in which they were working, including that of Mistri or Civil Engineering Assistant. This scheme was introduced as an incentive to the employees who remained stagnated till the date of their superannuation for want of promotional benefit.
3. It is an undisputed position that the employees in the respondent Zilla Parishad, working in the grade of Mistri or Civil Engineering Assistant were entitled to be placed in the higher scale of Rs. 5500-9000 to the promotional post of Junior Engineer, upon passing of the departmental examination or upon exempted from passing it, on account of their completion of 45 years of age. It is not in dispute that all the petitioners had completed their 45 years of age and accordingly were exempted from appearing in the departmental examination.
4. In the light of the aforesaid undisputed factual position, the only question which is required to be adjudicated in the present petition is whether the denial of such placement in the higher scale to the ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 5 jg.w.p.6788.13 & 4002.16.odt petitioners on the ground that they stood retired prior to adoption of scheme on 22-6-2007 was justified ?
5. We have perused the scheme in respect of this adopted by Irrigation Department which is accepted in respect of Zilla Parishad also. We do not find any such condition of being in actual service on the date of 22-6-2007, incorporated in such a scheme, to be entitled to benefit of placement in the higher scale. However, in the letter dated 22-6-2007, the Under Secretary, Rural Development Department adds that only those persons working on the post of Civil Engineering Assistants and have completed 12 years of continuous service shall be entitled to the placement in the scale of Rs. 5500-9000 of the Junior Engineer. We do not find any support to this addition or requirement in the scheme of Irrigation Department, which is adopted. Apart from this, the matter was referred to the Divisional Commissioner, Amravati who has clarified by his communication dated 30-6-2010 that the scheme shall also be applicable to the persons who have retired from service. Such a decision taken by the Divisional Commissioner was required to be implemented. However, for the reasons best known to the respondents, the decision was not implemented. In our view, the applicability of scheme was not restricted to the employees in service as ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 6 jg.w.p.6788.13 & 4002.16.odt on 22-6-2007, but it extends to all those who retired, but were in service as on 1-10-1994 i.e. the date from which the scheme was implemented. The respondents were not justified in rejecting the claim.
6. It is the objection raised by the learned counsel for the respondent - Zilla Parishad that grant of benefit to the petitioners would create financial burden upon the establishment of Zilla Parishad and keeping in view the delay in approaching this Court to seek such a relief, this Court should refuse to interfere the action of the respondent which is impugned in the petition. Reliance is placed upon the decision of the Apex Court in the case of Municipal Council, Ahmednagar Vs. Shah Hyder Beig reported in 1999 LawSuit (SC) 1357 and the decisions of this Court in Maharashtra Shikshan Samiti, Amravati and anr. Vs. State of Maharashtra and ors. reported in 2010 LawSuit (Bom) 426 and unreported decision of the Division Bench delivered in the case of Gajanan S/o Haribhau Thakre Vs. State of Maharashtra and ors. in Writ Petition No. 3967/2014 decided on 15-6-2015.
7. Though, the basic decision of providing time bound promotion scheme was taken on 8-6-1995 which was implemented from 1-10-1994, it was made applicable to the Department of Irrigation by ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 7 jg.w.p.6788.13 & 4002.16.odt communication dated 18-6-1998. The said scheme was made applicable for the first time by the Zilla Parishads for its employees as per the communication dated 22-6-2007 issued by the Rural Development Department. In spite of this position, the petitioners were not given the benefit and, therefore, they preferred Writ Petition No. 320/2011 and other connected 11 matters for seeking benefit of higher pay scale. This Court by an order dated 14-7-2011 directed the respondent no. 1 therein i.e. Zilla Parishad to finalize the cases of the petitioners within a period of six weeks. The direction was issued for the reason that a statement was made before this Court on behalf of the Zilla Parishad that a decision given by the Divisional Commissioner on 30-6-2010 is being implemented. In spite of such direction, the decision was not implemented. Hence these petitions were filed, one in the year 2013 and another in 2016.
8. We therefore, do not find any reason to reject the claim of the petitioners on the ground of delay and latches. We are satisfied that similarly situated persons have been granted benefit whereas the petitioners have been denied the same. The decisions relied upon by the learned counsel for the respondent - Zilla Parishad are of no assistance for the reason that the delay in the said cases was ::: Uploaded on - 29/11/2017 ::: Downloaded on - 30/11/2017 01:42:30 ::: 8 jg.w.p.6788.13 & 4002.16.odt unexplained.
9. In view of the above, we pass the following order.
(i) The writ petitions are allowed.
(ii) The respondent - Zilla Parishad, Buldhana is directed to place all the petitioners in the pay scale of Rs. 5500-9000 of Junior Engineer either with effect from 1-10-1994 or from the date of their completion of 45 years of age whichever event occurs later and to pay all the monetary benefits to them arising out of it, including the arrears of difference and ultimately, the revision in the pension.
(iii) The entire exercise be carried out by the respondent - Zilla Parishad, Buldhana within a period of three months from the date of receipt of copy of the judgment of this Court.
10. Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE JUDGE
wasnik
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