Bombay High Court
Sudhakar Namdeo Mehatre, ... vs Z.P. Parishad, Buldhana Thr Chief ... on 9 January, 2018
Bench: B.P. Dharmadhikari
wp.1909.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 1909/2016
* Sudhakar Namdeo Mehatre
Aged about 65 years
Occu: Retd. Z.P. employee
R/o Ward no.8, B.K.Studio, Chikhali
Tq. Chikhali, Dist.Buldana. .. ..PETITIONER
versus
1) Z.P. Parishad, Buldana
Through its Chief Executive Officer
Buldana, Dist.Buldana,.
2) Executive Engineer
Z.P. Works Department
Z.P. Buldana.
3) The Commissioner
Amravati Division, Amravati.
4) The State of Maharashtra
Through Secretary,
Rural Development Department
Mantralaya, Mumbai. .. ..RESPONDENTS
...............................................................................................................................................
Mr. M.A. Vaishnav, Advocate for the petitioner
Mrs. Neeta Jog, Adv. for respondents 1 and 2
Mrs. A.R.Kulkarni, AGP for respondents 3 and 4
................................................................................................................................................
CORAM: B.P. DHARMADHIKARI &
MRS. SWAPNA JOSHI, JJ.
DATED: 9th January, 2018
ORAL JUDGMENT: (PER B.P.DHARMADHIKARI, J.)
wp.1909.16
1. Heard.
2. The order dated 21.1.2012 at Annexure 'J' shows names of S/Shri
Salve, Barde, Nafde and Satbhakre, all Mustering Clerks at Sr. Nos.1,3,4 and 9.
They were petitioners before this Court in Writ Petition No. 6788/2013. That Writ
Petition has been decided along with other connected matter by this Court on
27.11.2017, with following observation in paragraph 5 :-
"5. We have perused the scheme in respect of this adopted by
Irrigation Department which is accepted in respect of Zilla Parishad also.
We do not find any such condition of being in actual service on the date
of 22.6.2007, incorporated in such a scheme, to be entitled to benefit of
placement in the higher scale. However, in the letter dated 22.6.2007, the
Under Secretary, Rural Development Department adds that only those
persons working on the post of Civil Engineering Assistants and have
completed 12 years of continuous service shall be entitled to the
placement in the scale of Rs. 5500-9000 of the Junior Engineer. We do
not find any support of this addition or requirement in the scheme of
Irrigation Department, which is adopted. Apart from this, the matter was
referred to the Divisional Commissioner, Armavati who has clarified by
his communication dated 30.6.2010 that the scheme shall also be
applicable to the persons who have retired from service. Such a decision
taken by the Divisional Commissioner was required to be implemented.
However, for the reasons best known to the respondents, the decision
was not implemented. In our view, the applicability of scheme was not
restricted to the employees in service as on 22.6.2007, but it extends to
all those who retired, but were in service as on 1.10.1994 i.e. the date
from which the scheme was implemented. The respondents were not
justified in in rejecting the claim."
wp.1909.16
3. Thus, Writ Petition came to be allowed.
4. Not only this, petitioner has pointed out to us the order dated
21.08.2015 wherein benefit has been given to one Shri K.P. Dane by respondent
no.1 itself.
5. The judgment of Division Bench mentioned supra, is not in dispute.
6. In this situation, entitlement of petitioner cannot be denied.
7. We, therefore make the Rule absolute in terms of prayer clauses (i)
and (ii). No cost.
JUDGE JUDGE
sahare
