Bombay High Court
Jairatna S/O Ramchandra ... vs State Of Maharashtra And Others on 12 April, 2017
Bench: V.A. Naik
wp.3427.97
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 3427/1997
1) Jairatna s/o Ramchandra Gajarlawar
Agricultural Assistant
Training & Visits Scheme,
C/o Sub-Division Officer (T & V)
Waroda, Dist. Chandrapur.
2) Vithal s/o Ganpatrao Virulkar
Village Development Officer
Gram Panchayat Section,
Zilla Parishad, Chandrapur.
3) Ukunda s/o Mahadeo Bande
Agricultural Assistant
panchayat Samiti, Chimur
Dist.Chandrapur. ..PETITIONERS
v e r s u s
1) State of Maharashtra
Through its Secretary
Finance Department, Mantralaya, Mumbai-32.
2) State of Maharashtra
Through its Secretary
Rural Development Department
Mantralaya, Mumbai-32.
3) State of Maharashtra
Through its Secretary
Agricultural Department
Mantralaya, Mumbai-32.
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4) Zilla Parishad, Chandrapur
Through its Chief Executive Officer
Dist.Chandrapur. ...RESPONDENTS
...........................................................................................................................
Mr. Sharad Ghate, Advocate for petitioners
Mrs.Bharati Dangre, Government Pleader for respondents 1 to 3
Mr. M.V.Mohokar, Advocate for respondent no.4.
...........................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
MRS . SWAPNA JOSHI, JJ
.
DATED : 12th April, 2017
ORAL JUDGMENT: (PER SMT. VASANTI A. NAIK, J.)
1. By this Writ Petition, the petitioners seek a direction against the
respondents to pay salary to the petitioners in the pay-scale of Rs.1350-2200
as per the Government Resolution dated 08.12.1994 and 31.01.1996.
2. Few facts giving rise to the petition can be stated thus;
The petitioners were initially working as Agricultural Assistants
with the respondent no.4-Zilla Parishad, Chandrpaur. By the Government
Resolutions of the Rural Development Department, dated 1st October 1974
and 10th February 1975, the cadre of Integrated Gram Sevak was formed by
pooling together the then existing posts of Gram Sevak, Assistant Gram Sevak,
Agricultural Assistant and Village Panchayat Secretary. The post of
Agricultural Assistant, as it existed prior to the issuance of the said
Government Resolution was thereafter designated as Gram Sevak. The channel
of promotion for Gram Sevaks working in the establishment of Zilla Parishad
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from the year 1975, was classified as District Services (Executive and Village
Extension) Grade II, while the other posts of Agricultural Supervisor, Extension
Officer (Agriculture) and Agricultural Officer on the establishments of the Zilla
Parishad were classified as District Services Technical (Class III) Agriculture.
The petitioners were known as Integrated Gram Sevaks after the Government
Resolutions were passed in the year 1975. The Government issued a
resolution on 8th December 1994 (Annexure 'A') deciding to grant revised
pay-scale of the Officers working in the Agriculture Department of the State
Government from 01.01.1996. By the said Government Resolution,
Agricultural Assistants who had qualified seven years of service in that
category, were entitled to get the pay-scale of Rs.1350-2200. By a subsequent
Government Resolution dated 31.01.1996 (Annexure 'B'), it was decided by
the State Government that the pay-scale of Rs.1350-2200 would be granted
to the Agricultural Officers, Extension Officers (Agriculture) - selected class
and Agricultural Superintendent working in the Zilla Parishad. By a
Government Resolution, dated 31st October 1998, the Government decided to
grant similar higher pay-scale to the equivalent posts in the various
Departments of the State Government, as mentioned in the chart, appended as
Annexure 'A' to the resolution. As the the post of an Agricultural Assistant
working in the Agriculture and Cooperation Department was included in
Annexure 'A' appended to the Government Resolution, the petitioners, who
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were initially appointed as Agricultural Assistants prior to the formation of
the cadre of Integrated Gram Sevak, filed this Writ Petition seeking fixation
of their pay-scale at Rs.1350-2200 as per the aforesaid Government
Resolution. According to the petitioners, the petitioners were also appointed as
Agricultural Assistants by the Zilla Parishad initially and since higher pay-scale
was granted to the Agricultural Assistants working in the Departments of the
State Government, pay in the same scale was liable to be granted to the
petitioners.
3. Shri Ghate, the learned counsel for the petitioners submitted that
the petitioners were initially appointed as Agricultural Assistants in the Zilla
Parishad the petitioners are entitled to get the pay-scale of Rs. 1350-2200 as
per the Government Resolutions dated 8th December 1994, 31st January,
1996 and 31st October 1998. It is submitted that the work performed by the
Agricultural Assistants in the various Departments of the State Government
and the work performed by the petitioners in the Zilla Parishad is the same
and the benefit granted by the State Government to the Agricultural Assistants
in the Departments of the State Government should be extended to the
petitioners also. It is submitted that by the Government Resolution dated 8th
December 1994, the Government had granted the benefit of higher pay-scale
of Rs.1350-2200 to the Agricultural Assistants working in various
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Departments of the State Government and by the Government Resolution
dated 31.01.1996 similar pay-scale was made applicable to the three posts in
the Zilla Parishad, that are mentioned in the said Government Resolution. It
is submitted that as per the Government Resolution dated 31st October 1998,
the State Government had decided to grant similar pay-scale to the employees
working in the various Departments, as mentioned in Annexure 'A' appended
to the said Government Resolution. It is submitted that an Agricultural
Assistant working in the Department of Agriculture and Cooperation is
included in Annexure 'A' of the said Government Resolution. It is submitted
that since the petitioners are performing the duties that are similar to the
Agricultural Assistants working in the Department of the State Government,
the petitioners are entitled to benefit of the higher pay-scale.
4. Mrs. Dangre, the learned Government Pleader appearing for the
State Government, has strongly opposed the prayer made in the Writ Petition.
It is submitted that by the first Government Resolution dated 8th December
1994 on which the petitioners have relied, the State Government had granted
the benefit of higher pay-scale of Rs.1350-2200 only to the Agricultural
Assistants working in the various Departments of the State Government. It is
submitted that the petitioners are surely not working in the Departments of
the State Government and are working with the Zilla Parishad, hence this
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Government Resolution would not apply to them. It is submitted that by the
Government Resolution, dated 31.01.1996, the State Government desired to
grant the pay-scale on similar lines only to the Agricultural Officers, Extension
Officers (Agriculture) and Agricultural Superintendents working in the Zilla
Parishad. It is stated that the petitioners were not working as Agricultural
Officers, Extension Officers (Agriculture)-Selected Grade or Agricultural
Superintendents in the Zilla Parishad. It is submitted that the third
Government Resolution on which the petitioners have relied, ie, Government
Resolution, dated 31st October 1998, would also not apply to the case of the
petitioners as by the said Government Resolution, the State Government had
decided to grant the higher pay-scale, as was provided by the earlier
Government Resolutions only to the posts that were included in Annexure 'A'
appended to the said Government Resolution. It is stated that the petitioners
are working in the Zilla Parishad which falls under the Rural Development
Department and the post of Agricultural Assistant working in the Rural
Development Department is not included in Annexure 'A'. It is submitted that
the petitioners have not annexed a copy of the Government Resolution in its
entirety and had the petitioners annexed the same, this Court would have
noticed that the Government had decided, not to grant the benefit to certain
posts that are mentioned in Annexure 'B'. It is stated that the post of Gram
Sevak working in the Rural Development Department is specifically mentioned
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in Annexure 'B' and clause 7 of the Government Resolution specifically
provides that the Government has decided not to grant any benefit of higher
pay-scale to the posts that are mentioned in Annexure 'B', as per the
recommendations of the Anomaly Committee. It is submitted that the
Anomaly Committee had clearly recommended that the benefit of higher pay-
scale should not be granted to the Gram Sevaka working in the Rural
Development Department and since the petitioners were working as Gram
Sevaks in the Zilla Parishad (Rural Development Department) since 1995, they
would not be entitled to any relief.
5. Shri Mohokar, the learned counsel for the Zilla Parishad also
opposed the prayers made in the petition and adopted the arguments made
on behalf of the State. The learned counsel sought for the dismissal of the
Writ Petition.
6. On a perusal of all the three Government Resolutions on which
the petitioners have based their claim, it appears that the petitioners would not
be entitled to the relief claimed. As per the first Government Resolution dated
8th December 1994, as rightly submitted on behalf of the State Government,
the Government had decided to grant the pay-scale of Rs. 1350-2200 only to
the Agricultural Assistants working in the various Departments of the State
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Government. Such a benefit was not provided by the State Government to the
employees of the Zilla Parishad. By the second Government Resolution dated
31.01.1996, the State Government decided to grant the benefit of pay-scale of
Rs.1350-2200 only to three posts in the Zilla Parishad ie, the Agricultural
Officer, Extension Officer (Agriculture)- Selected Class and Agricultural
Superintendent. Admittedly, the petitioners were not appointed on any of the
three posts and therefore, the Government Resolution dated 31.01.1996
would not be applicable to them. By the third Government Resolution on
which the petitioners have based their claim by amending the Writ Petition,
dated 31st October 1998, the Government decided to grant the benefit of
higher pay-scale as was provided by the other Government Resolutions to
certain posts that are mentioned in Annexure 'A' appended to the said
Government Resolution. Unfortunately, the post of Gram Sevak or Integrated
Gram Sevak working in the Rural Development Department, with which we
are concerned, is not included in Annexure 'A'. The petitioners have harped
upon the entry of Agricultural Assistant in Annexure 'A' that is referable to
the Agriculture and Cooperation Department. After 1975, neither were the
petitioners working as Agricultural Assistants in the Zilla Parishad nor are the
petitioners, the employees of the Agriculture Cooperation Department of
which a reference is made in Annexure 'A' of the said Government Resolution.
The Government Resolution dated 31st October, 1998 mentions that the
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Anomaly Committee considered the objections and representations of
employees working on several posts in various Departments of the State
Government and the Zilla Parishad and the Committee found that higher pay-
scale was liable to be granted to those posts that are mentioned in Annexure
'A', and not to those posts that are mentioned in Annexure 'B' as no injustice
was caused to the employees working on the posts mentioned in Annexure 'B'.
We are surprised that though a copy of the Resolution dated 31 st October
1998 is annexed as Annexure 'D' to the petition, the complete copy of the
Resolution is not annexed, as Annexure 'B' appended to the Government
Resolution is not a part of the petition. The learned Government Pleader and
the learned counsel for the Zilla Parishad have pointed out that Annexure 'B',
that is not filed along with the Writ Petition mentions the post of 'Gram
Sevak' working in the Rural Development Department of the State
Government. The petitioners were working as Gram Sevaks in the Zilla
Parishad (Rural Development Department ) from 1975. Since the Anomaly
Committee had recommended that the Gram Sevaks working in the Zilla
Parishad were not entitled to the benefit of higher pay-scale, by including
the post of Gram Sevak in Annexure 'B' to the Government Resolution dated
31st October 1998, the State Government made it clear that it was not
extending the benefit of higher pay-scale to the Gram Sevaks working in the
Rural Development Department. The petitioners have not challenged the
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Government Resolution dated 31st October, 1998. It is not their case that the
inclusion of the post of Gram Sevak in Annexure 'B' of the Government
Resolution, dated 31st October 1998, is either arbitrary or unconstitutional.
Since the Government Resolution specifically excludes the post on which the
petitioners were working while granting the benefit of the higher pay-scale to
certain posts that are mentioned in Annexure 'A' and since the petitioners have
not challenged the Government Resolution, dated 31st October 1998, the
petitioners would not be entitled to the relief claimed. It is rightly pointed out
on behalf of the Government that after certain posts were included in the
cadre of Integrated Gram Sevak in the year 1975, separate rules were framed
by the Government for promotion of the Gram Sevaks and for promotion of the
Agricultural Supervisors, Extension Officers and Agricultural Officers working
in the establishment of the Zilla Parishad. The channel of promotion for the
post of Gram Sevak and the other three posts that are mentioned herein-above,
is different. The promotion of the Gram Sevak is classified by District Services
Executive and Village Extension Grade-III, while the post of Agricultural
Officers, Extension Officers working in the establishment of the Zilla Parishad
are classified in District Services Technical (Class III)-Agriculture. Had
Annexure 'B' to the Government Resolution dated 31st October 1998, been
brought to the notice of this Court by producing the same along with the copy
of the Government Resolution, this Court may not have admitted the Writ
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Petition.
Since the relief sought by the petitioners cannot be granted, the Writ
Petition is dismissed, with no order as to costs.
JUDGE JUDGE
sahare
