Bombay High Court
Mukunda Vishwanath Jogi And ... vs The State Of Maha., Thr. ... on 19 September, 2022
Bench: S.B. Shukre, G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3895/2022
Mukunda Vishwanath Jogi and others
-Vs.-
The State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. P.S. Kshirsagar, Advocate for the petitioners.
Ms. N.P. Mehta, Assistant Government Pleader for
respondent Nos.1 and 2.
CORAM : SUNIL B. SHUKRE
AND G.A. SANAP, JJ.
DATE : 19.9.2022
Heard learned counsel for the petitioners and
Ms. N.P. Mehta, learned Assistant Government Pleader for
respondent Nos.1 and 2. As usual nobody is present for the
Chief Executive Officer, Zilla Parishad, Chandrapur, the
Education Officer (Primary), Zilla Parishad, Chandrapur
and the Chief Audit and Finance Officer, Zilla Parishad,
Chandrapur. On the last occasions, these respondents i.e.
respondent Nos.3, 4 and 5 had gone unrepresented before
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this Court and this is after due receipt of notice by each of
the respondents.
2. On 6.9.2022, seeing absence of respondent Nos.3, 4
and 5 before this Court, inspite of due service of notice on
each of them, this Court granted further opportunity as a
last chance, in the interest of justice to respondent Nos.3, 4
and 5. These respondents are again absent before this
Court. They have also not filed any reply to this petition. It
is obvious that respondent Nos.3, 4 and 5 do not wish to
contest the claim of the petitioners, which is based upon the
Government Resolution dated 6.8.2002. The petitioners
are claiming, as each of them is working in a remote forested
tribal area and also infested by naxalism with lot of
sensitivity all around, that each of them is entitled to receive
all the benefits given under the Government Resolution
dated 6.8.2002. They further claim, based on the
instructions contained in the Government Resolution dated
6.8.2002, that they are entitled to receive such promotional
pay-scale and tribal incentive allowance at the scale and rate
given in the Government Resolution dated 6.8.2002.
3. We have gone through the Government Resolution
dated 6.8.2002. It prescribes certain conditions to be
fulfilled by the employees before they are granted the
benefits as given by the Government Resolution dated
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6.8.2002. Considering the fact that respondent Nos.3, 4
and 5, inspite of service of notice upon each of them, have
chosen to remain absent before this Court and also chosen
not to file any reply to this petition, we are satisfied that all
the petitioners fulfill the requisite conditions of the
Government Resolution dated 6.8.2002 and as such are
entitled to receive the promotional benefits and tribal
incentives at the scale and rate given in the Government
Resolution. Accordingly, we allow the writ petition in terms
of prayer clauses (i), (ii) and (iii) which read as under:-
"i) Direct the respondent No.3 Chief
Executive Officer, Zilla Parishad
Chandrapur and respondent No.4 Education
Officer (Primary) Zilla Parishad,
Chandrapur to grant benefit of one step
promotional pay scale under clause 3(7) of
the Government Resolution dated
06.08.2002 (Anex. No.3) to the petitioners
who are and were working or still working
under the tribal / Naxalite, TSP, ATSP,
MADA, Mini MADA Pocket area of various
Panchayat Samitees in Zilla Parishad,
Chandrapur in terms of judgment dated
25.02.2015 passed in Writ Petition
No.2383/2014 (Annexure No.7) and order
in W.P. 4317/2016 which all are Tribal Area
and in W.P. No.500/2021 dated
20/01/2022; Ann-16.
ii) Direct to the Zilla Parishad
Chandrapur to revise the Tribal / Naxal
incentive allowances payable to the
petitioners as per 6th Pay and 7th pay
Commission which is still paying Rs.400/-
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under 5th Pay Commission which is required
to be revised as per Government letter dated
16/09/2020 (Anex No.18) and order dated
02/03/2020 in W.P. No.3837/2022 (Anex
No.19).
iii) Direct the respondent Zilla Parishad
Chandrapur to calculate and pay the arrears
of the one step promotional pay scale for the
period in which petitioner works in the
Tribal and Naxalite Area payable as per
clause 3(7) of the GR dated 06/8/2002
(Anex No.3) and arrears of Tribal / Naxal
incentive allowance under 6th Pay and 7th Pay
Commission as per the respective date of
application of 6th Pay and 7th Pay
Commission."
4. Benefits as directed shall be made available to each of
the petitioners within a period of four weeks from the date
of the order. If it is found in future that any loss has been
caused to the State because of non-responsive approach and
attitude of respondent Nos.3, 4 and 5 on account of
compliance with the directions given hereinabove, we grant
liberty to the State Government to initiate the disciplinary
action against those found to be responsible for the loss.
(G.A. SANAP J.) (SUNIL B. SHUKRE J.)
Tambaskar.
