Bombay High Court
Bhaskar Tulshiram Waghmare vs Zilla Parishad, Washim Thr. Its Chief ... on 5 February, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:1402-DB
Judgment 1 38Awp2800.23+2.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2800/2023
WITH
WRIT PETITION NO. 2801/2023
AND
WRIT PETITION NO. 4805/2023
WRIT PETITION NO. 2800/2023
Qadiroddin Quazi Nasiruddin Quazi,
Aged about 66 years, Occ. Retired,
R/o. Subhash Chowk, Behind Police Chowky,
Mangrul Pir, District Washim
.... PETITIONER(S)
// VERSUS //
Zilla Parishad, Washim
Through its Chief Executive Officer
.... RESPONDENT(S)
WITH
WRIT PETITION NO. 2801/2023
(1) Uddavrao Murlidhar Bathe,
Aged about 73 years, Occ. Retired,
R/o. Sudguru Nagar, Babawadi,
Malkapur Road, Tah. Nandura,
District Buldhana
..ANSARI..
Judgment 2 38Awp2800.23+2.odt
(2) Ganesh Ganpatrao Bondre,
Aged about 75 years, Occ. Retired,
R/o. Appaswami Colony,
Near New Police Station, Akot,
District Akola
.... PETITIONER(S)
// VERSUS //
Zilla Parishad, Washim
Through its Chief Executive Officer
.... RESPONDENT(S)
AND
WRIT PETITION NO. 4805/2023
Bhaskar Tulshiram Waghmare,
Aged about 60 years, Occ. Retired,
R/o. Shahapur, Mangrulpir,
Dist. Washim
.... PETITIONER(S)
// VERSUS //
Zilla Parishad, Washim
Through its Chief Executive Officer
.... RESPONDENT(S)
∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞
Mr. N.R. Saboo, Advocate for the Petitioner(s) in all Petitions
Mr. M.L. Vairagade, Advocate for the Respondent in all Petitions
∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞
CORAM : AVINASH G. GHAROTE &
SMT. M.S. JAWALKAR, JJ.
..ANSARI..
Judgment 3 38Awp2800.23+2.odt
CLOSED FOR JUDGMENT ON :- JANUARY 31, 2024
JUDGMENT PRONOUNCED ON :- FEBRUARY 05, 2024
JUDGMENT :
- (PER: SMT. M.S. JAWALKAR, J.)
. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned Counsel for the respective parties at the
stage of admission.
(2) Since common issue is involved in all the Petitions, they are
being disposed of by this common judgment.
(3) The Petitioners are seeking direction to the Respondent -
Zilla Parishad, Washim to fix the scale of the Petitioners on the
post of Junior Engineer in the pay-scale of Rs. 5500-9000 from the
date on which the Petitioners completed 12 years of service on
the post of Muster Clerk/Tracer/Mistry Grade and also by grant
of 2nd Pay Revision, accordingly revise pay of the Petitioner after
completion of 24 years of service. It is further prayed for
directions to the Respondent to release the difference of salary
arising out of grant of Prayer Clause (i) along with interest on the
..ANSARI..
Judgment 4 38Awp2800.23+2.odt
delayed payment. The Petitioner in Writ Petition No. 2800/2023
is also seeking order of recovery of Rs. 8,46,742/- issued by the
Respondent - Zilla Parishad to be quashed and set aside and for
direction to refund the amount of Rs. 2,76,705/- along with
interest.
(4) The Petitioners are appointed as Muster
Clerk/Tracer/Mistry Grade and were paid the revised pay on
time bound promotion after completion of 12 years of service in
the pay-scale of Rs. 1200-2040 w.e.f. 01/10/1994.
(5) Learned Counsel for the Petitioners submits that on
01/07/1998, due to division of Akola District, the services of the
Petitioners were transferred in the Respondent - Zilla Parishad,
Washim. The State of Maharashtra abolished the posts of Muster
Clerk/Tracer and other technical posts on 20/05/1999 and all
these posts were clubbed in one cadre namely the Civil Engineer
Assistant in view of the Government Resolution dated
20/05/1999. As per the Circular dated 22/06/2007 issued by the
State of Maharashtra, the Respondent - Zilla Parishad ought to
..ANSARI..
Judgment 5 38Awp2800.23+2.odt
have revised the pay of the Petitioners by giving pay-scale of
Junior Engineer after completion of 12 years of service by
counting the period of service from the date of the initial
appointment on the posts of Muster Clerk/Tracer/Mistry Grade.
(6) It appears that some of the Employees approached this
Court by filing Writ Petition No. 6676/2017 (Chandrashekhar
Amrutrao Khote & ors. vs. Zilla Parishad, Washim & another)
made identical grievance. This Court, vide judgment dated
06/02/2020, allowed the said Writ Petition and issued directions
to the Respondent - Zilla Parishad to pay the revised pay on the
post of Junior Engineer to the Petitioners in the said Writ
Petition. The said Petitioners also made various Representations
along with the other Muster Clerks and reiterated their
grievance. Though the Petitioners were given deemed date of
absorption, however, they were not paid the revised pay of
Junior Engineer.
(7) We have heard learned Counsel for the respective parties
and perused the judgment passed in Writ Petition No. 6676/2017.
..ANSARI..
Judgment 6 38Awp2800.23+2.odt
(8) This Court in the said judgment, by relying on the various
judgments of this Court, concluded that the decision of the
Government dated 22/06/2007 cannot be taken away by a
clarificatory Government Resolution dated 28/07/2014.
(9) The said Writ Petition was allowed and the Respondent -
Zilla Parishad was directed to settle the pay-scale of the
Petitioners on the post of Junior Engineer in the pay band of Rs.
5500-9000 from the date they have completed 12 years in service
after being posted on the post of Mistry Grade.
(10) The issue involved in the present Petitions is squarely
covered by the judgment passed in Writ Petition No. 6676/2017.
Hence, we find that the ends of justice would meet if the present
Writ Petitions are allowed in the similar terms.
(11) Hence, we proceed to pass following order:-
ORDER
(a) The Writ Petitions are partly allowed.
..ANSARI..
Judgment 7 38Awp2800.23+2.odt
(b) The Respondent - Zilla Parishad is directed to settle
the pay-scale of the Petitioners on the post of Junior
Engineer in the pay band of Rs. 5000-9000 from the date
they have completed 12 years in service, after being posted
on the posts of Muster Clerk/Tracer/Mistry Grade.
(c) In view of the above relief granted, the Respondent -
Zilla Parishad shall consider as to whether the Petitioners
would be entitled for any further relief as per their service
conditions.
Rule is made partly absolute in the above terms. No costs.
Pending Application(s), if any, stand(s) disposed of.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
Signed by: A.P. ANSARI
..ANSARI..
Designation: PS To Honourable Judge
Date: 05/02/2024 17:50:27
