Prakash S/O. Shankarsingh ... vs Zilla Parishad, Amravati Through ...
2017 Latest Caselaw 2815 Bom

WP  4484/15                                             1                             Judgment

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                   NAGPUR BENCH, NAGPUR.
                        WRIT PETITION No. 4484/2015
Prakash S/o. Shankarsingh Yewatikar,
Aged 62 years, R/o. Shri Sai Apartment,
Sai Nagar, Akoli Road, Amravati.                                                 PETITIONER

                                       .....VERSUS.....
1.     Zilla Parishad, Amravati,
       through its Chief Executive Officer.

2.     Divisional Commissioner,
       Amravati Division, Amravati.                                               RESPONDENTS


                      Shri N.R. Saboo, counsel for the petitioner.
                   Shri M.R. Rathi, counsel for the respondent no.1.
        Mrs. Mrunal Naik, Assistant Government Pleader for the respondent no.2.

                                        CORAM :SMT.VASANTI  A  NAIK AND
                                                      A.D. UPADHYE, JJ.                  

                                                                6                  JUNE,     2017.
                                         DATE        :            TH

ORAL JUDGMENT (PER : SMT.VASANTI A NAIK, J.)

By this writ petition, the petitioner seeks a direction against

the respondent-Zilla Parishad to revise the pay-scale of the petitioner as

per Circular, dated 22.06.2007.

2. Shri Saboo, the learned counsel for the petitioner, states that

during the pendency of the writ petition this Court has allowed Writ

Petition Nos.847 of 2016 and 848 of 2016 by observing that in view of

the adjudication dated 12.08.2014 in Writ Petition Nos.1495 of 2014 and

others, the respondent-Zilla Parishad had no defence to offer. It is stated

that since in the list at Annexure-D, the petitioner is placed at Serial

WP 4484/15 2 Judgment

Number 2 and since the writ petition filed by the clerk who is placed at

Serial Number 10 in the list is allowed by the judgment dated 23.01.2017

in Writ Petition No.847 of 2016, this writ petition also needs to be

allowed.

3. Shri Rathi, the learned counsel for the Zilla Parishad, does not

dispute the factual statements made on behalf of the petitioner.

4. In view of the aforesaid and for the reasons recorded in the

judgment dated 12.08.2014 in Writ Petition Nos.1495 of 2014 and others

on which this Court has placed reliance for allowing Writ Petition

Nos.847 of 2016 and 848 of 2016, this writ petition is allowed. Since the

petitioner has retired on attaining the age of superannuation, the benefit

of the judgment dated 12.08.2014 in Writ Petition Nos.1495 of 2014 and

others, should be extended to the petitioner and the pension of the

petitioner should also be revised. The arrears of salary and pension

should be paid to the petitioner at the earliest.

Rule is made absolute in the aforesaid terms with no order as

to costs.

              JUDGE                                             JUDGE

APTE