Bombay High Court
Shashikant S/O Krushnarao Chapekar And ... vs The State Of Maharashtra, Thr. Ministry ... on 10 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar
(1) 41 4135-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 4135 OF 2023
Shashikant S/o Krushnarao Chapekar and others
Vs.
The State of Maharashtra through its Ministry of General Administrative Department, Mantralaya,
Mumbai and others
WITH
WRIT PETITION NO. 5848 OF 2023
Santosh S/o Indrajeetsingh Tomar and others
Vs.
The State of Maharashtra through its Ministry of General Administrative Department, Mantralaya,
Mumbai and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Ms Shruti R. Waghade, Advocate h/f Mr B.N. Jaipurkar, Advocate
respondent Nos. 4 & 5 in WP No. 4135/2023
Mr Anant Dixit, Advocate for respondent Nos. 2 to 4 in WP. No.
5848/2023
CORAM : AVINASH G. GHAROTE AND
SMT M.S. JAWALKAR, JJ.
DATE : 10.01.2024
The facts involved in the matter are similar to the
facts involved in Writ Petition No. 3837/2021.
2. By this petition petitioners seek tribal incentive
allowance and additional house rent allowance as admissible
under the recommendations of the Sixth and Seventh Pay
Commissions. This is in view of Government Resolution dated
06.08.2002. In Writ Petition No. 3837/2021, Zilla Parishad
made a statement that they sought guidance in the matter
from the State Government.
(2) 41 4135-2023
3. As the State Government has used communication
dated 16/09/2020 to the Chief Executive Officer, Zilla
Parishad, Gondia, stating therein that the employees would be
entitled for incentive allowance in terms of Government
Resolution dated 06.08.2002, the Deputy Commissioner in the
appeal filed before him on 27.01.2021 has issued directions to
the Chief Executive Officer, Zilla Parishad, Gondia to grant
such benefits to the employees mentioned therein.
4. In view of this statement the said petition was
disposed of with direction to take necessary steps in that
regard and release the benefits to the petitioners who are
found entitled for the same in accordance with law. In view of
this judgment, the present petition is also needs to be allowed.
As such, petition is allowed in terms of the judgment in the
said Writ Petition No. 3837/2021, and the respondents are
directed to take necessary steps to grant one step promotion,
arrears and consequential benefits as per provisions of law
within a period of three months from the date of production of
this order.
6. No costs.
JUDGE JUDGE
Jayashree..
Signed by: Mrs. Jayashree Pethe
Designation: PA To Honourable Judge
Date: 12/01/2024 15:06:54
