Sudhakar S/O Ramkrushna Parwe vs The Maharashtra State ...
2023 Latest Caselaw 10736 Bom

                                                                  10-WP-6848-2023.odt
2023:BHC-NAG:15283-DB



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                           WRIT PETITION NO.6848 OF 2023

              Sudhakar s/o Ramkrushna Parwe              ....       Petitioner
                                         Versus..
              The Maharashtra State Electricity Transmission
              Company Ltd. Mumbai, through its Chairman and
              Managing Director and others.                  ....Respondents
                                            ........

              Mr.R.M.Sharma, Counsel for petitioner.
              Mr. D.M.Kale, Counsel for respondents.
                                             .....

                   CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
                           A.S. CHANDURKAR, J.

DATE : 17th OCTOBER, 2023.

P.C.

1. On our request Mr. D. M. Kale, learned Counsel has

put in appearance and waives service of notice for the

respondents.

2. Heard Mr. Sharma, learned Counsel for the

petitioner and Mr. Kale, learned Counsel representing the

respondents.

3. By instituting this Petition under Article 226 of the

Constitution of India a prayer has been made to direct the

respondents to grant the petitioner higher pay scale and

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other consequential benefits in view of the General Order

No.135 dated 28th December, 1995. It has been argued on

behalf of the petitioner that the petitioner is similarly

circumstanced as the petitioners in Writ Petition No.4012

of 2011 (Kamlakar Narayan Barmate and others vs. Chief

Engineer, M.S.E.B. and others) decided on 12th December,

2018 by this Court. It is submitted that in the said

judgment dated 12th December, 2018, it has been held that

the petitioners therein were entitled to the benefit of

setting aside of the corrigendum and also to the relief of

higher-scale with basic at Rs.1,235/- as was granted

identically placed employees.

4. Drawing our attention to the communication dated

4th August, 2023 which has been annexed as Annexure VII

to this writ petition, it has been argued by the learned

Counsel for the petitioner that the reason indicated in the

said communication denying the benefit of higher scale

with basic Rs.1,235/- to the petitioner is that the petitioner

was not a party to the proceedings of Writ Petition

No. 4012 of 2011.

5. It has been argued, on the other hand, by Mr. Kale,

learned Counsel representing the respondents that the

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said judgment dated 12th December, 2018 passed by the

learned Single Judge of this Court in Writ Petition No. 4012

of 2011 has been challenged before the Honourable

Supreme Court by the respondents. On a query, however,

it has been stated that there is no stay order operating

against the said judgment dated 12th December, 2018.

6. In view of aforesaid facts, what we find is that the

communication dated 4th August, 2023 whereby the claim

of the petitioner has been denied does not in any way give

any finding that the petitioner is not similarly

circumstanced as the petitioners in Writ Petition No. 4012

of 2011.

7. In our opinion, the benefit as granted by means of

judgment dated 12th December, 2018 passed by this Court

can be denied to the petitioner only in case it is found that

the petitioner is not identically situated as the petitioners

of Writ Petition No.4012 of 2011. The communication

dated 4th August, 2023 does not assign any such reason

for denying the benefit of revised scale of pay to the

petitioner. Though there is no prayer made in the writ

petition for quashing of the communication

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dated 4th August, 2023, however, this Court under Article

226 of the Constitution of India can mould the reliefs in

the facts of the case.

8. Having found that the communication dated

4th August, 2023 is not sustainable, this writ petition is

allowed and the communication dated 4 th August, 2023

which has been annexed as Annexure-VII to the writ

petition is hereby quashed. Further direction is issued to

the respondent no.3 to take a decision afresh on the

prayer of the petitioner for grant of revised scale of pay in

terms of the judgment dated 12th December, 2018 passed

by this Court in Writ Petition No.4012 of 2011 (Kamlakar

Narayan Barmate and others vs. Chief Engineer, M.S.E.B.

and others). Decision under this order shall be taken

within a period of four weeks by the concerned authority

on production of certified copy of this order before it.

9. With these directions, the writ petition is finally

disposed of.

(A.S. CHANDURKAR, J.) (CHIEF JUSTICE)

Andurkar...

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge 4 of 4 Date: 18/10/2023 14:33:50