Bombay High Court
Sunil Ganpat Vidhate vs The State Of Maharashtra Thr Its ... on 29 January, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2024:BHC-AUG:2183-DB
(1) wp7876.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
3 WRIT PETITION NO. 7876 OF 2021
SUNIL GANPAT VIDHATE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY
Mr.L.S. Mahajan, Advocate for the petitioners.
Mr.P.K. Lakhotiya, AGP for the respondent/State.
Mr.N.N. Desale, Advocate for respondent No.3.
CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATED : 29.01.2024
PC :-
01. The petitioners have putforth prayer clauses (B), (C) and (D) as
under :-
"(b) By way of appropriate writ, order or direction in the like
nature, this Hon'ble High Court may kindly direct the respondent
No.3 to bring the appointments of the petitioners against the
sanctioned posts on the establishment of the Dhule Municipal
Corporation, Dhule.
(c) By way of appropriate writ, order or direction in the like
nature, this Hon'ble High Court may kindly direct the respondent
No.3 to extend the benefits of VIth Pay Commission from
01.01.2006 as well as further to extend the benefits in favour of
the petitioners under Time Scale Promotion Scheme upon
completion of 12 years service from their initial dates of
appointment, so also on completion of 24 years of service as per
the scheme framed by the State Government.
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d) By way of appropriate writ, order or direction in the like
nature, this Hon'ble High Court may kindly direct the respondents
authorities be directed to make difference of the payments of
arrears of Vth Pay Commission which has been given effect from
06.11.2010 and further direct the respondent authorities to
bestow with the benefits of VIth Pay Commission Scheme along
with the amounts of difference."
02. The judgment of this Court dated 24.02.2020, delivered in Writ
Petition No.6852 of 2019 filed by Raju Sadashiv Patil and ors. Vs. The State of
Maharashtra and Ors., is cited.
03. The learned Advocate representing the Corporation submits that
identically placed employees have been absorbed in employment considering
their seniority. The order of this Court in Raju Sadashiv Patil (Supra) has also
been implemented.
04. In view of the above, this Petition is disposed off with the
following directions:-
a) The respondents shall consider cases of these
petitioners for regularization in service on vacant sanctioned post
by taking into account their seniority and grant regularization
with consequential benefits.
b) The petitioners shall be entitled for the actual
financial benefits for a period of three years preceding the date of
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the filing of this petition, as notional benefits would be available
from the date on which they are deemed to have been regularised
from the date of the Judgment of the Industrial Court.
c) In the event of some of the petitioners having retired,
benefits of this order and the order passed in Raju Sadashiv Patil
(Supra) would be available to them to the extent of their retiral
benefits.
[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.]
snk/2024/JAN24/wp7876.21
