Bombay High Court
Ganesh Manohar Abarke And Ors vs The State Of Maharashtra Thr. ... on 14 July, 2021
Bench: R.D. Dhanuka, R. I. Chagla
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.9543 OF 2021
Baban S.Chavan & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4221 OF 2021
Manohar M. Gangurde & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4222 OF 2021
Dipali K.Aher & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4223 OF 2021
Bhagvat K Dhum & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4224 OF 2021
Sopan B. Bhoir & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4225 OF 2021
1/6
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Radhesham L. Bhoye & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.9562 OF 2021
Ganesh M. Abarke & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.9569 OF 2021
Sanjay C. Tambe & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.2435 OF 2021
Hemant K. Nikam & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO.2434 OF 2021
Balasaheb B. Sanap & Ors. ...Petitioners
V/s.
State of Maharashtra & Ors. ...Respondents
Mr.Balaji S. Shinde for the Petitioners in all the above Writ Petitions.
Mr.N.C. Walimbe, AGP for the State - Respondent Nos.1 to 5 in
WPST/9543/2021, WPST/9562/2021, WPST/9569/2021,
WP/2435/2021 and for Respondent Nos. 1 to 3 in WPST/4221/2021
to WPST/4225/2021 and WP/2434/2021.
Mr.Vivek Rane, i/b. Mr.A.R.Kapadnis for the Respondent Nos. 6 to
10 in WPST/9543/2021, WP/2435/2021 and for the Respondent Nos.
2/6
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4 to 7 in WPST/4221/2021, WPST/4223/2021, WPST/4224/2021 and
for Respondent Nos. 4 to 8 in WPST/4222/2021, WPST/4225/2021
and for Respondent Nos. 6 to 9 in WPST/9562/2021 and for the
Respondent Nos. 4 and 5 in WP/2434/2021.
CORAM : R.D. DHANUKA &
R.I. CHAGLA, JJ.
DATE : 14TH JULY, 2021.
(THROUGH VIDEO CONFERENCE)
P.C. :-
1. Heard learned counsel for the parties. Learned counsel for
the parties have addressed us in Writ Petition No.2435 of 2021 and
submitted that the out come in this petition would apply to the rest of
the petitions placed on board along with this writ petition. Statement
is accepted.
2. By this writ petition the petitioners have prayed for an
order and direction against the respondents not to revoke the
benefits Ekstar (one step pay scale) under the G.R. dated 6 th August,
2002 though the petitioners are entitled for time bound promotion
and direct the respondents to pay the salaries of the petitioners as
per Ekstar (one step pay scale) till the petitioners work in the Tribal /
PESA area as per above GR. dated 6 th Authorities, 2002 and for
issuance of necessary orders in that regard.
3. It is the case of the petitioners that that for a period of 12
years, the Zilla Parishad had been paying all the petitioners as per
one step pay scale under G.R. dated 6th August, 2002. However
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subsequently the Zilla Parishad started misinterpreting the said G.R.
dated 6th August,2002 and started contending that after 12 years the
petitioners shall be entitled to time bound promotion scheme and not
the benefit of one step pay scale and started effecting recoveries
from the salary of the petitioners. The petitioners accordingly filed the
petitions inter-alia praying for setting aside the order dated 17 th
November, 2018 passed by the Zilla Parishad and inter-alia praying
for refund of the amount recovered from the salary recovery of the
petitioners by the impugned order.
4. We have heard the learned counsel for the parties. We
have gone through various judgments delivered by this Court
annexed to the writ petition directing the Zilla Parishad to consider
the case of the petitioners and being satisfied that the petitioners
having worked in the tribal / naxalite area and satisfy the criteria laid
down in the G.R. dated 6th August, 2002, then the Zilla Parishad
shall award the benefit of the one step pay scale / next higher
promotional pay scale to the petitioners.
5. Learned counsel for the Zilla Parishad states that the Zilla
Parishad has already recovered part of the amount from the salary of
the petitioners on the basis of the said G.R. dated 6 th August, 2002.
Learned counsel for the Zilla Parishad does not dispute that the
petitioners are still working in tribal area and were given benefit of
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one step pay scale for more than 12 years.
6. At this stage, learned counsel for the Zilla Parishad states
that Zilla Parishad would reconsider the decision of recovery of
alleged excess amount from the salaries being paid to the petitioners
after hearing the petitioners and would apply true and correct
interpretation of the said G.R. dated 6 th August, 2002. Statement is
accepted.
7. The impugned action of recovery is accordingly withdrawn
forthwith. The petitioners have agreed to appear before the
Education Officer (Primary) on 2nd August, 2021 at 11.00 a.m. It is
thus made clear that the petitioners would be allowed to appear
through an advocate or an authorized representative before the
Education Officer (Primary) Zilla Parishad. The Education Officer
(Primary) Zilla Parishad to pass a fresh order after hearing the
petitioners through their respective advocates or authorized
representatives without being influenced by the order of recovering
the amount taken till date which is set aside by this order and shall
decide the matter in accordance with law by interpreting the said
G.R. dated 6th August, 2002 in right perspective and after taking into
consideration the judgments of various Courts referred to and relied
upon by the petitioners in these writ petitions. The petitioners would
be at liberty to file written arguments along with representation before
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the Education Officer (Primary) Zilla Parishad within two weeks from
today.
8. The Education Officer (Primary) Zilla Parishad shall decide
the representation of the petitioners within six weeks from the date of
first hearing. The order that would be passed by the Education
Officer (Primary) Zilla Parishad shall be conveyed to the petitioners
within two weeks from the date of passing such order. If the order
that would be passed by the Education Officer (Primary) Zilla
Parishad is adverse against the petitioners, no coercive steps would
be taken against the petitioners for a period of four weeks from the
date of communication of the order.
9. The Education Officer (Primary) Zilla Parishad in the
meanwhile shall continue to pay salaries of the petitioners (one step
pay scale) at the rate at which they were being paid prior to the date
of recovery of amount.
10. The writ petitions are disposed of in the aforesaid terms.
11. If the date assigned to the Education Officer (Primary) Zilla
Parishad is not convenient to him, an earlier convenient date shall be
communicated to the petitioners within one week in advance before
the date of hearing.
(R.I. CHAGLA, J.) (R.D. DHANUKA, J.)
