Shaikh Rahim Fatteh Ahmed And ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 877 Bom

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                                                               wp8386.16.odt

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                    WRIT PETITION NO. 8386 OF 2016
                                       
 1.       Shaikh Rahim Fatteh Ahmed
          age 71 years, occ. Pensioner
          at post Wazar
          Tq. Degloor, Dist. Nanded

 2.       Narayan Poma Pawar
          through LR
          Ruklabai Narayan Pawar
          age 60 years,
          at Shilvani Border Tanda
          Tq. Degloor, Dist. Nanded

 3.       Rajesh Kerba Mane
          age 36 years, occ. Naik
          r/o as above.                                       Petitioners

          Versus

 1.       The State of Maharashtra
          Through its Secretary
          School and  Education Department,
          Mantralaya, Mumbai

 2.       The Assistant commissioner
          Social Welfare Department,
          Tq. & Dist. Nanded

 3.       The Regional Commissioner
          Social Welfare Department,
          Tq. & Dist. Latur

 4.       The Head Master
          Scondary Ashram School
          At Shilwani Border Tanda
          Tq. Degloor
          Dist. Nanded

 5.       The Head Master
          Prathmik Ashram School




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          At Shilwani Border Tanda
          Tq. Degloor
          Dist. Nanded

 6.       The President
          Banjara Shiksan Prasarak Mandal
          at Shilwani Border Tanda
          Tq. Degloor, Dist. Nanded                                Respondents

 Mr. S.R. Kolhare, advocate for the petitioners. 
 Mr. A.R. Borulkar, A.G.P. for Respondents 1 to 3.
  
                                      CORAM : R.M.BORDE &
                                                     P. R. BORA, JJ.

DATE : 20th MARCH, 2017

ORAL JUDGMENT : ( PER R. M. BORDE, J.)

1. Rule. Rule made returnable forthwith.

2. Heard finally by consent of learned counsel for the respective parties.

3. The issue raised in the instant petition is no more res integra in view of decision rendered in the matter of Prashant s/o Anandrao Borse & others Vs. The State of Maharashtra and others reported in 2015(7) All M.R. 213.

4. The facts giving rise to the instant petition are also similar to the facts recorded in the decided matter. For the reasons recorded while disposing of the petition presented by Prashant Borse (supra), instant petition also deserves to be allowed.

5. Respondent-State is directed to extend benefits of higher pay

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scale to the petitioner on completion of 12 years of qualifying service. Financial benefits arising from the aforesaid directions be extended to the petitioner, as expeditiously as possible, preferably within a period of 9 months from the date of this order. Rule made absolute in above terms. There shall be no order as to costs.

              ( P. R. BORA )                               ( R.M.BORDE )
                 JUDGE                                          JUDGE

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