Durgadas S/O Gopilal Rathi vs The State Of Maha. Thr Its ...
2018 Latest Caselaw 65 Bom

WP 4720/09                                           1                           Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.

                        WRIT PETITION No. 4720/2009

Durgadas S/o Gopilal Rathi,
Aged about 61 years, Occu-Retired 
Zilla Parishad Servant,
R/o Arvi, Dist. Wardha.                                                     PETITIONER


                                     .....VERSUS.....


1.      The State of Maharashtra,
        Through its Secretary,
        Department of Rural Development
        and Water Conservation,
        Mantralaya, Mumbai-32.
2.      Chief Executive Officer,
        Zilla Parishad, Wardha.                                              RESPONDENTS



                       Shri N.R. Saboo, Counsel for the petitioner.
     Shri K.L. Dharmadhikari, Assistant Government Pleaders for the respondent nos.1.
                    Shri J. Mokadam, counsel for the respondent no.2.


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

DATE : 4 TH JANUARY, 2018.

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

By this writ petition, the petitioner has sought a

direction against the Zilla Parishad to consider granting time bound

promotion to the petitioner in pursuance of the Government Resolution,

dated 08.06.1995 from 01.10.1994 till 31.07.2001.

WP 4720/09 2 Judgment

2. It is stated on behalf of the petitioner that the issue involved

in this petition was also involved in several writ petitions before the

Aurangabad Bench and by the orders passed by the Aurangabad Bench

from time to time, the time bound promotion was granted to the

Sectional Engineers after the completion of twelve years of service on the

said post.

3. Shri Mokadam, the learned counsel for the Zilla Parishad,

states that the claim of the petitioner would be considered in pursuance

of the orders passed by the Aurangabad Bench, as early as possible.

4. In the circumstances of the case, we dispose of the writ

petition with a direction to the Zilla Parishad to decide the representation

of the petitioner on the basis of the orders passed by the Aurangabad

Bench, the copies of which are annexed to this writ petition, and consider

granting the monetary benefits to the petitioner with effect from

02.09.2009, i.e. the date of filing of this writ petition, by revising the

pension of the petitioner accordingly and paying the arrears to the

petitioner within a reasonable time.

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

to costs.

              JUDGE                                             JUDGE

APTE