Bombay High Court
Madhukar Ramdas Shimpi And Ors vs State Of Maharasthra And Ors on 7 November, 2017
Bench: R.V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3005 OF 2000
1 Madhukar Ramdas Shimpi,
Age : 62 years, Occupation : Pensioner,
R/o N-5, Cidco, Aurangabad.
2 Shriram Pannalal Wani,
Age : 60 years, Occupation : Pensioner,
R/o Gawali Mohalla, Jalna.
3 Suresh Chintaram Natu,
Age : 61 years, Occupation : Pensioner,
R/o Latur.
4 Diwakar Dinkar Desai,
Age : 61 years, Occupation : Pensioner,
R/o Satkar Nagar, Ring Road,
Jalna.
5 Bhaskar Dattatraya Chobe,
Age : 62 years, Occupation : Pensioner,
R/o Mayur Nagar, Hudco, Aurangabad.
6 Shashikant Bhimrao Mote,
Age : 60 years, Occupation : Pensioner,
R/o Osmanabad.
....PETITIONERS
-VERSUS-
1 The State of Maharashtra.
2 The Joint Director,
Health Services, Pune-1.
3 K.G.Naik at Nanded,
C/o District Malaria Officer,
Nanded.
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4 H.Y.Haral at Bhokar,
C/o District Malaria Officer,
Nanded.
5 S.K.Latkar at Kandhar,
C/o District Malaria Officer,
Nanded.
6 P.B.Shikhare at Beed,
C/o District Malaria Officer,
Nanded.
....RESPONDENTS
...
Advocate for the Petitioners : Shri Y.P.Deshmukh h/f Shri A.D.Gadekar.
AGP for the Respondents/ State : Smt.M.A.Deshpande.
...
CORAM: RAVINDRA V. GHUGE
AND
SUNIL K. KOTWAL, JJ.
DATE :- 07th November, 2017
Oral Judgment :
1 By this petition, the Petitioners have put forth their prayers in
terms of clause 21-A, B and C, which read as under:-
"(A) By issue of writ of mandamus or any other appropriate
writ, order or direction of like nature, the Respondents
No.1 and 2 be directed to grant the deemed date of
promotion to the petitioners with effect from 01.09.1979
to the post of Malaria Supervisor by granting all the
consequential benefits arising out of it.
(B) By issue of appropriate writ, order or direction, as the
case may be, the impugned judgment and order dated
23.02.1996 passed by the Honourable Maharashtra
Administrative Tribunal, Bombay, Bench at Aurangabad,
which is at Exhibit-D be quashed and set aside.
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(C) By issue of writ of mandamus or any other appropriate
writ, order or direction of like nature, the Respondent
No.1 and 2 be directed to grant the revised pay scale in
favour of the Petitioners based on 5th Pay Commission
Recommendations and the pensionary benefits be revised
accordingly."
2 While admitting this petition on 02.08.2000, this Court has
not granted any interim relief to the Petitioners.
3 We have considered the submissions of the learned Advocate
for the Petitioners and the learned AGP.
4 The Petitioners contend that by the judgment delivered on
27.09.1996 by the learned Maharashtra Administrative Tribunal (MAT) at
Nagpur Bench in Transfer Application No.535/1992 (Laxman Gulabrao
Salunke and others vs. State of Maharashtra and others), identically placed
employees were directed to be considered for grant of the deemed date of
their promotion, keeping in view that their representations were pending.
Pursuant thereto, the Joint Director of Health Services (Malaria and
Filaria), Pune granted certain benefits to the Applicants before the MAT by
order dated 18.06.1997.
5 The contention of the Petitioners herein, therefore, is that
they should be considered at par with those employees who have been
granted the deemed dates.
6 The learned AGP points out that after the MAT delivered the
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judgment, the Joint Director of Health Services considered the
representations of those employees and granted them the benefits as per
his order dated 18.06.1997. Subsequently, it was noticed that the Joint
Director of Health Services had no authority to take any decision in that
context. By the Government Resolution dated 13.03.2001 issued by the
Public Health Department, State of Maharashtra, the order dated
18.06.1997 was withdrawn and the benefits granted by the Joint Director
of Health Services were taken back.
7 In the above backdrop, the learned Advocate for the
Petitioners submits that as their representations are pending before the
Public Health Department, it is high time that the Public Health
Department takes a decision on the grievances of the Petitioners since
there are several such employees all over the State, who have been
litigating for their benefits and the deemed date of promotion to the post
of Malaria Supervisor.
8 At this juncture, it is submitted that the Petitioners would
prefer to make a fresh representation for consideration of the Director of
Health Services, State of Maharashtra.
9 By recording the above statement, this Writ Petition is
disposed of by permitting the Petitioners to make a representation, either
jointly or individually, within a period of FOUR WEEKS from today
addressed to the Director of Health Services, State of Maharashtra. After
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receipt of the said representation, the competent authority would consider
the same taking into account all similarly situated and comparable
employees.
10 We make it clear that we do not intend to direct that the cases
of these Petitioners alone should be considered merely because they are
before us. We deem it appropriate to observe that the competent authority
would consider the cases of all such employees who are similarly situated
as like the Petitioners in order to ensure parity amongst identically
situated employees.
11 Such representations and the cases of identically situated
employees shall be considered for the benefits that they have prayed for,
within a period of SIXTEEN (16) WEEKS after receiving the
representations, on their own merits.
12 Rule is discharged.
kps (SUNIL K. KOTWAL, J.) (RAVINDRA V. GHUGE, J.)
