Ajij Pasha Asgarali Sheikh vs The State Of Maharashtra, Thr. Its ...
2021 Latest Caselaw 10336 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR.
                         WRIT PETITION NO. 4877 OF 2019

  Ajij Pasha Asgarali Sheikh,
  Aged about 44 years, Occ. Service,
  R/o. Ward No.2, Mahatma Jyoti Fule, Square,
  At Post. Gadchandur, Tah. Korpana,
  District Chandrapur.                                     .... PETITIONER

                                 // VERSUS //
  1. The State of Maharashtra,
  through its Secretary,
  Social Welfare Department,
  Mantralaya, Mumbai-32.

  2. The Director, Vimukta Jati,
  Nomadic Tribes, Other Backward
  Classes and Special Backward
  Class Welfare, Maharashtra, Pune.

  3. The Divisional Social Welfare Officer,
  Nagpur.

  4. The District Social Welfare Officer,
  Chandrapur, Distt. Chandrapur.                        .... RESPONDENTS

  Mr. Bhushan Dafle, Advocate for Petitioner.
  Ms. N.P. Mehta, AGP for respondent Nos.1 to 4.
  ________________________________________________________________

                               CORAM :  SUNIL B. SHUKRE AND
                                        ANIL S. KILOR, JJ.

DATE : 04.08.20121.

ORAL JUDGMENT: [PER SUNIL B. SHUKRE, J.]

Heard.

2. Rule. Rule is made returnable forthwith. Heard finally by

27wp4877.2019(j).odt

consent of the parties.

3.. The petitioner claims that as he possesses the

qualification of H.S.C., he will have to be treated as trained Hostel

Superintendent and would be entitled to be placed in the pay-scale

of 4500-125-7000, which is applicable to the trained Hostel

Superintendent.

4.. Learned counsel for the petitioner submits that since

there is no doubt about the fact that the petitioner also possesses

the qualification of H.S.C., his case is squarely covered by the

judgments of this Court, rendered in the case of Shri Yamaji Maroti

Pipare and others Vs. The State of Maharashtra and others , Writ

Petition No.188 of 2016, decided on 21.9.201 and also other

judgments passed in Writ Petition No.2156 of 2017, decided on

05.03.2018 and Writ Petition No.4721 of 2015 (Dipak Nandkishor

Dave Vs. The State of Maharashtra and others) , decided on

17.01.2017.

5. Ms. Mehta, learned AGP agrees that in view of the fact

that the petitioner possesses H.S.C. qualification, this case is

squarely covered by the aforestated judgments.

6. We also find that the case of the petitioner is covered by

27wp4877.2019(j).odt

the above aforestated judgments.

7. Accordingly, the petition is allowed.

8. Rule is made absolute in terms of prayer clause-(i).

                       JUDGE                                  JUDGE
nd.thawre