Bombay High Court
Rustum Abaji Kale vs The State Of Maharashtra And ... on 17 June, 2016
Bench: S.S. Shinde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6365 OF 2013
Rustum s/o. Abaji Kale,
Age 61 Yrs. Occu. Pensioner,
R/o. Shankar Nagar
Near Shivaji College, Parbhani
Tq. & Dist. Parbhani PETITIONER
VERSUS
1] The State of Maharashtra,
Through Secretary,
Agriculture, Animal Husbandry,
Milk Development and Fisheries
Department, Mantralaya, Mumbai
2] The Registrar,
Marathwada Agricultural University
Parbhani, Dist. Parbhani
3] The Associate Dean
College of Veterinary and Animal
Science, Parbhani
Tq. & Dist. Parbhani
4] Registrar
Maharashtra Veterinary and Fisheries
Science University, Seminary Hill
Nagpur
5] The State of Maharashtra
Through Principal Secretary
Animal Husbandry, Dairy Development
& Fisheries Dept.,
Mantralaya, Mumbai-32
[Resp.No.5 added as per Court's
Order dtd.01.02.2016] RESPONDENTS
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...
Mr.M.P.Kale, Advocate for the Petitioner
Mr.S.B.Yawalkar, AGP for Respondent No.1
Mr.M.N.Navandar, Advocate for Respondent No.2
Mr.P.G.Rodge, Advocate for Respondent No.3.
Respondent No.4 - served.
...
WITH
WRIT PETITION NO.6377 OF 2013
Sattayya s/o. Yankayya Parre,
Age 61 Yrs. Occu. Retired
R/o. Sai Corner, Marathwada
Plot, Parbhani,
Tq. & Dist. Parbhani PETITIONER
VERSUS
1] The State of Maharashtra,
Through Secretary,
Agriculture, Animal Husbandry,
Milk Development and Fisheries
Department, Mantralaya, Mumbai
2] The Registrar,
Marathwada Agricultural University
Parbhani, Dist. Parbhani
3] The Associate Dean
College of Veterinary and Animal
Science, Parbhani
Tq. & Dist. Parbhani
4] Registrar
Maharashtra Veterinary and Fisheries
Science University, Seminary Hill
Nagpur
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5] The State of Maharashtra
Through Principal Secretary
Animal Husbandry, Dairy Development
& Fisheries Dept.,
Mantralaya, Mumbai-32
[Resp.No.5 added as per Court's
Order dtd.01.02.2016] RESPONDENTS
...
Mr.M.P.Kale, Advocate for the Petitioner
Mr.S.B.Yawalkar, AGP for Respondent No.1
Mr.M.N.Navandar, Advocate for Respondent No.2
Mr.P.G.Rodge, Advocate for Respondent No.3.
Respondent No.4 - served.
...
CORAM: S.S.SHINDE &
SANGITRAO S.PATIL,JJ.
Reserved on : 13.06.2016
Pronounced on : 17.06.2016
JUDGMENT: [Per S.S.Shinde, J.]:
These Writ Petitions are filed,
seeking directions to the respondents
particularly respondent Nos.3 and 4 to extend
the benefits of time bound pay scale w.e.f.
2005 as per Rule 11 (1) A of the Maharashtra
Civil Service [Pay] Rule, 1981 and as per the
Government Resolutions dated 21.09.1999 and
29.04.2000 in favour of the petitioners.
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2] The learned counsel appearing for
the petitioners submits that the petitioners
have worked continuously with concerned
respondent nos. 2 and 4, from the year 1973
up to their retirement in the year 2009.
Therefore, they are entitled to the benefit
of the scheme of time bound pay scale. It is
submitted that the petitioners, after
completion of their 12 years service in the
year 1987 were entitled for promotional pay
scale. However, the said benefit was not
extended to the petitioners. After continuous
persuasion, respondent no. 2 on 24th August,
1993, issued an order of promotion,
appointing the petitioners as Agriculture
Assistants in the pay scale of
Rs.1200-30-1440/-. It is submitted that
respondent no.2 promoted some of the
similarly situated candidates like the
petitioners on next promotional pay scale of
Rs.5000-150-8000/-. It is submitted that,
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the State Government issued various
Resolutions wherein the provision to extend
the benefit of time bound pay scale started
since the year 1995 onwards for the Class-III
and Class-IV employees. The first Resolution
issued by the State Government was on 8th
June, 1995, followed by the Government
Resolutions dated 20th March, 1997, 20th July,
2001, 10th September, 2007, 10th November,
2008, 1st April, 2010 and 5th July, 2010.
Keeping in view provisions in the said
Government Resolutions, respondents ought to
have granted benefit to the petitioners.
3] In pursuance of the notices issued
to the respondents, respondent nos. 3 and 4
have filed affidavits-in-reply in both the
Petitions. It is stated in the said
affidavits-in-reply that the petitioners had
already availed the benefits of the Pay of
the Promotional posts two times i.e. firstly
in the year 1993, as regular promotion to the
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post of Agricultural Assistant and
thereafter, secondly the benefit of time
bound pay scale of the promotional post in
the year 2001 as per Government Resolution
dated 3rd August, 2001, and therefore, the
petitioners are not again entitled to get the
benefits of time bound pay scale of higher
post as per Government Resolution dated
21.09.1999. Further the Government
Resolutions referred to by the petitioners
are pertaining to giving benefits of "Assured
Career Progression Scheme" ['ACP' for short]
are not applicable to the cases of the
petitioners.
4] The learned AGP appearing for the
respondent - State tenders across the Bar a
letter written by the Department of
Agriculture, Animal Husbandry and Dairy
Development to the Assistant Government
Pleader and submits that, ACP is not made
applicable for the employees who have
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rendered or rendering the services in
respondent No.4 University.
5] We have given careful consideration
to the submissions of the learned counsel
appearing for the petitioners, the learned
AGP appearing for the respondent - State, and
the learned counsel appearing for the
respective respondents. With their able
assistance, we have carefully perused the
replies filed by the respondents and also
other documents placed on record. There was
no scheme introduced by the Government of
Maharashtra prior to the Year 1995 so as to
extend the benefits to those employees who
were serving in respondent nos.2 and 4
Universities at the relevant time, on
completion of 12 years service period. It is
for the first time that, the Government of
Maharashtra, by issuing Resolution in the
Year 1995, introduced the scheme to extend
the benefit of time bound pay scale to the
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employees in whose case there is no post
available for actual promotion of the said
employee. Therefore, such benefit would not
have been extended in case of the petitioner
prior to the year 1995. Both the petitioners
have been promoted to the post of
Agricultural Assistant, and therefore, they
have received the benefit of the promotional
post. Thereafter as stated in the affidavit-
in-reply filed by respondent nos. 3 and 4,
the benefit was extended for the 2nd time in
the year 2001, as per the Government
Resolution dated 3rd August, 2001, and the pay
scale of the petitioners was revised. Their
pay scale as Agriculture Assistant was Rs.
4000-6000/- and thereafter in the year 2001,
after revision it was fixed in the pay scale
of Rs.4500-7000/-.
6] As rightly contended by the learned
AGP appearing for the respondent - State that
ACP is not made applicable to the employees,
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rendering the services in respondent no.4
University. Therefore, the reliefs prayed by
the petitioners cannot be granted. Hence,
Petitions stands rejected. No costs.
Sd/- Sd/-
[SANGITRAO S.PATIL] [S.S.SHINDE]
JUDGE JUDGE
DDC
