Bombay High Court
Dipak S/O. Shankarrao Phule And Others vs State Of Maharashtra, Thr. Its ... on 26 August, 2024
Author: M.S.Jawalkar
Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar
2024:BHC-NAG:9478-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 5164 OF 2021
DIPAK S/O. SHANKARRAO PHULE AND ORS.
...Vs...
THE STATE OF MAHARASHTRA, THR. ITS SECRETARY, DEPT. OF PUBLIC WORKS, MUMBAI AND ORS.
Office Notes, Office Memoranda of Court's or Judge's orders
Coram, Appearances, Court's
orders or directions and Registrar's
orders
Shri N.R.Saboo, Advocate for petitioners.
Shri V.A.Thakre, AGP for respondents/State.
CORAM: AVINASH G. GHAROTE AND
SMT. M.S.JAWALKAR, JJ.
DATED : 26th AUGUST, 2024.
Mr. Saboo, learned counsel for the
petitioners places reliance upon the judgment of this
Court in the case of Rabbil S/o. Rustam Pathan
(dead) through L.R. V/s. The Zilla Parishad, Nagpur
in Writ Petition No. 438/2017 with other connected
Writ Petitions, decided on 04/05/2023 , in which, in
para 6, it is held as under :-
"6. We need not to delve deeper into the
argument and counter argument advanced by
learned counsels for the respective parties.
Suffice to say that since the post of Muster
Clerk was amalgamated with the post of Civil
Engineer Assistant therefore, while granting
Time Bound Promotion, the date of
amalgamation of post of Muster Clerks with
the post of Civil Engineer Assistants is
immaterial. Since, the petitioners have worked
for more than 12 years on the post of Muster
Clerk as well as Civil Engineer Assistant, which
is one and the same cadre therefore, the period
2 11 WP 5164-2021.odt
of working as Muster Clerk cannot be excluded
for granting benefit of Time Bound Promotion
for granting pay-scale of Junior Engineer."
2. The position in respect of the present
petitioners, as also depicted in the impugned judgment
dated 08/04/2021 of learned Maharashtra Administrative
Tribunal (MAT), Nagpur in para 15 (pg.164), which
position is not disputed by learned Assistant Government
Pleader. Since the fact that, the petitioners were appointed
as Muster Clerks on the respective dates as depicted in the
table in para 15 as well as the date of absorption as CEA as
indicated therein is also not disputed and there is
amalgamation of the cadre, what has been held in Rabbil
S/o. Rustam Pathan (dead) through L.R. (supra) would
squarely be applicable to the present petitioners also. The
impugned judgment passed by learned MAT does not
consider the above position in its proper perspective that,
there was amalgamation of cadre, in view of which, the
employment of the petitioners was amalgamated, on
account of which, the employment of the petitioners as
Muster Clerk would also be required to be considered for
the purpose of granting benefit of Time Bound Promotion
for granting pay-scale of Junior Engineer, in view of which,
the impugned judgment as well as the office order dated
07/06/2016 vis-a-vis the present petitioners cannot be
sustained, and is hereby quashed and set aside and it is
held that the period of employment of petitioners as
Muster Clerk will have to be considered for granting time
bound promotion for granting pay-scale of Junior Engineer
3 11 WP 5164-2021.odt
in terms of the Government Resolutions (GRs) dated
01/12/1995 and 20/06/2001.
(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
B.T.Khapekar
Signed by: Mr. B.T. Khapekar
Designation: PA To Honourable Judge
Date: 26/08/2024 18:04:04
