Bombay High Court
Ramesh Nathuji Tundulwar And Others vs Zilla Parishad, Wardha Thr. The Chief ... on 21 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17658-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1217/2022
1. Ramesh Nathuji Tundulwar,
Aged 68 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Bed Layout, Near Ramayan Complex,
Taq. & Dist. Wardha - 442202.
2. Suresh Ajabrao Chawardol,
Aged 68 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. New MHADA Colony, Qrt. No.L-18, Post Pipri
(Meghe), Taq. & Dist. Wardha - 442202.
3. Chandrasekhar Anandrao Dussawar,
Aged 68 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. 171, Tajeshwar Nagar, Hudkeshwar Road,
Nagpur - 440034.
4. Arvind Vistari Meshram,
Aged 68 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Gajanan Nagar, Ward No.1, Post Pipri (Meghe),
Tah. & Dist. Wardha - 442202.
5. Maroti Govindrao Meghre,
Aged 67 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Near Sant Ghateshar Temple, Tah. Dewri,
Dist. Wardha - 442202.
6. Bharat Pundlik Bhagat,
Aged 67 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Ambedkar Nagar Ward No.2, Tah. Dewri,
Dist. Wardha - 442202.
7. Maroti Keshavrao Kale,
Aged 67 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Sainagar Ward, Srihari Colony, Tah. Arvi,
Dist. Wardha - 442202.
8. Babarao Nathuji Bhongade,
Aged 67 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Hind Nagar, Ward No.37,
Taq. & Dist. Wardha - 442001.
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9. Chandrabhan Sukhram Patil,
Aged 64 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Swaminagar, Borgaon (Meghe),
Taq. & Dist. Wardha - 442001.
10. Subhash Vithalrao Khanna,
Aged 63 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Kelkar Wadi, Arvi Road, Dist. Wardha - 442202.
11. Dilip Janardhan Takwale,
Aged 63 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Nishanpura Ward, Tah. Hinganghat,
Dist. Wardha - 442202.
12. Shravan Vithoba Ghotkar,
Aged 62 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Plot No.31, Himalay Vishwa, Nagpur Road,
Taq. & Dist. Wardha - 442202.
13. Sumedh Balkrishna Meshram,
Aged 60 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Vikramshila Nagar,
Taq. & Dist. Wardha - 442202.
14. Pramod Amrutrao Satpute,
Aged 56 years, Occ.: Employee of Z.P., Wardha,
R/o. Swagat Colony, Kalra Road,
Taq. & Dist. Wardha - 442202.
15. Smt. Kamal Wd/o. Baban M. Dafare,
Aged 56 years, Occ.: Housewife,
R/o. Nandora, Tah. Dewli, Dist. Wardha - 442202.
16. Smt. Triveni Wd/o. Janardhan Warkade,
Aged 54 years, Occ.: Housewife,
R/o. Sindi (Meghe), Dhande Layout, Near Agnihotri Col-
lege, Ward No.4, Tah. & Dist. Wardha - 442202.
17. Smt. Kalpana Wd/o. Bhaskar Khadatkar,
Aged 57 years, Occ.: Housewife,
R/o. Flat No.403, Siletha Town Orbital Empire,
Jaitala, Nagpur - 440036.
18. Smt. Sathyabhama Wd/o. P.P. Maskey,
Aged 58 years, Occ.: Housewife,
R/o. Hariom Nagar, Dist. Wardha - 44202.
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19. Narayan Tukaram Kherde,
Aged 60 years, Occ.:Retired Employee of Z.P., Wardha,
R/o. Talegaon (Shamji Pant), Tah. Ashti,
Dist. Wardha - 442202. PETITIONERS
VERSUS
1. Zilla Parishad, Wardha - 442 001,
Through The Chief Executive Officer.
2. The Chief Accounts and Finance Officer,
Z. P. Wardha -442 001.
3. Promotion Committee,
Works Department, Zilla Parishad,
Wardha - 442001,
Through its Secretary, Shri P. R. Patil,
Dy. Exe. Engineer (Works).
4. The State of Maharashtra,
through Secretary,
Department of Rural Development,
Government of Maharashtra,
Mantralaya, Mumbai - 400 032. RESPONDENTS
Mr. P. D. Meghe, Advocate for Petitioners.
Mrs. S. S. Jachak, Addl.G.P. for Respondent No.4/State.
Mr. B. N. Jaipurkar, Advocate for Respondent Nos.1 to 3.
CORAM : SMT. ANUJA PRABHUDESSAI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATE : 21.12.2023.
JUDGMENT :
[PER : MRS.VRUSHALI V. JOSHI, J]
1. Rule. Rule is made returnable forthwith. Heard finally with
consent of learned Counsel for the parties.
2. The petitioners claim grant of pay scale of Junior Engineers
being employed with Zilla Parishad, Wardha from the date they have
completed twelve years service as Mistri Grade -II or from the date they
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have completed age of 45 years. The petitioners were granted pay scale of
Rs.1640-2900 from 01.10.1994, Rs.5500-9000 from 01.01.1996,
Rs. 9300-34000 from 01.01.2006. Although the revised pay of the
petitioners was notionally fixed from the date mentioned in Column 14 of
the Schedule attached with the order dated 05.02.2011, the actual
financial benefit was given to the petitioners from 22.06.2007. The
respondent No.1 issued an order restoring the order dated 05.02.2011 and
thereby the petitioners have been granted financial up-gradation to higher
pay scale of Junior Engineer with effect from the date of their completion
of twelve years of service in the post of Mistri Grade I, Mistri Grade II,
Tracers, Time Keeper, Muster Clerk, Road Clerk etc. in the pay scale of
Rs.1640-2900 from 01.10.1994, Rs.5500-9000 from 01.01.1996, Rs.9300-
34000 from 01.01.2006. Subsequently by the Government Resolution with
Corrigendum dated 01.02.2020, the Finance Department, State of
Maharashtra has directed to pay the arrears of pay fixation for the entire
period for which notional fixation was made and the arrears were denied.
Accordingly, the petitioners made representations to the respondent No.1
on 25.02.2020 to pass orders payment of actual financial benefits accrued
from the date of granting higher pay on notional basis till 22.06.2007 in
tune with the State of Maharashtra Government Resolution dated
01.02.2020. The Promotion Committee has rejected the representation of
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the petitioners for granting actual financial benefits from the date of
granting higher pay on notional basis till 22.06.2007. It is in this
background that the petitioners have approached this Court by filing the
present writ petition.
3. Learned Counsel for the petitioners has pointed out that the
issue involved in this petition is squarely covered by the Writ Petition
No.6584/2017 (Vinayak s/o. Krishnarao Sardeshmukh and Anr. Vs. Zilla
Parishad, Akola and Ors.) decided on 20.04.2023 and several other
petitions, it has been held therein that said petitioners who were also
posted as Mistri, Grade- II were entitled to higher pay scale from the date
they attained the age of 45 years and exemption was granted from
appearing in concerned examination. The said decision has been rendered
after referring to various earlier decisions in that regard. It is thus
submitted in view of the aforesaid decision, the petitioners are also
entitled for such relief.
4. Learned Counsel for respondent No.1 - Zilla Parishad could
not indicate any distinctive features in the case of the present petitioners
and the petitioners in Vinayak s/o. Krishnarao Sardeshmukh (supra).
5. We find that the petitioners are similarly placed as the
petitioners in Vinayak s/o. Krishnarao Sardeshmukh (supra) and hence,
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they are also entitled to similar relief. Hence, for the reasons recorded in
Vinayak s/o. Krishnarao Sardeshmukh (supra) and in Writ Petition
No.6580/2017 (Sitaram S/o. Makhram Jadhav and Ors. Vs. The Zilla
Parishad, Akola and Ors.) decided on 25.08.2023 by this Court, the
petitioners are entitled to the benefits of pay scale of Junior Engineer from
the date on which they completed 45 years of age. They shall be
accordingly, granted such benefit within a period of three months of
receiving the copy of the judgment.
6. Rule is made absolute in aforesaid terms. No order as to
costs.
(MRS. VRUSHALI V. JOSHI, J.) (SMT. ANUJA PRABHUDESSAI, J.)
RGurnule.
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 02/01/2024 11:52:29
