Bombay High Court
Kisan Hari Rathod And Ors vs The State Of Maharashtra Through ... on 23 February, 2023
Bench: Sandeep V. Marne
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Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2071 OF 2023
Kisan Hari Rathod and Ors. ..... Petitioners
Vs.
The State of Maharashtra and Ors. ..... Respondents
WITH
WRIT PETITION NO. 2072 OF 2023
Satish Shivram Ghule and Ors. ..... Petitioners
Vs.
The State of Maharashtra and Ors. ..... Respondents
WITH
WRIT PETITION NO. 2073 OF 2023
Sandesh Santosh Rokade and Ors. ..... Petitioners
Vs.
The State of Maharashtra and Ors. ..... Respondents
Mr. Balaji Shinde for petitioners.
Mr. P. P. Kakade, Govt. Pleader a/w Mr. R. P. Kadam, AGP for State.
Ms. Sejal Todkar i/by Mr. Ashwin Kapadnis for respondent nos.6 and
7.
CORAM: S. V. GANGAPURWALA, ACJ &
SANDEEP V. MARNE, J.
DATED : FEBRUARY 23, 2023
P.C.:
1. The petitioners are working in tribal area of Nashik District.
The petitioners are entitled for benefit of one step pay scale. The
same is withdrawn under the impugned communication.
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2. Learned advocate for the petitioners and learned advocate for
Zilla Parishad are ad idem that the petitioners are similarly situated
as the petitioners in Writ Petition (St.) No.9543 of 2021 with
connected Writ Petitions decided under order dated 14th July, 2021.
3. In light of that, we follow the same course.
4. The impugned action of recovery is accordingly withdrawn
forthwith. The petitioners have agreed to appear before the Chief
Executive Officer, Zilla Parishad, Nashik on 16th March, 2023 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 Chief Executive Officer, Zilla Parishad,
Nashik. The CEO, 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 the CEO, Zilla Parishad, Nashik within two weeks from today.
5. The CEO, Zilla Parishad, Nashik shall decide the representation
of the petitioners within six weeks from the date of first hearing. The
order that would be passed by the CEO, 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 CEO,
Zilla Parishad, Nashik 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.
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6. The CEO, 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.
7. The writ petitions are disposed of in the aforesaid terms.
8. If the date assigned to the CEO, 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.
(SANDEEP V. MARNE, J) (ACTING CHIEF JUSTICE)
Digitally
signed by
PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2023.02.24
11:23:19
+0530
