Bombay High Court
Sanjay Bhimraoji Ghanekar And Others vs The State Of Maharashtra, ( Thr. The ... on 12 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:667-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 7356 OF 2023
1. Sanjay Bhimraoji Ghanekar
Age : 54 years, Occ. Service,
R/o : Rural Water Supply Division, ZP Amravati
2. Dipendra Panduranji Korate
Age : 52 years, Occ. Service,
R/o : Rural Water Supply Division, ZP Amravati
3. Dipak Ramaji Khadse
Age : 55 years, Occ. Service,
R/o : Rural Water Supply Division, ZP Amravati
4. Sunil Ramkrushnapant Chinchmalatpure
Age : 58 years, Occ. Retired,
R/o : Plot No. 130(A), Shegaon Rahatgaon Road,
Aai Priya Township, Amravati-444606
5. Late Madhukar Amrutrao Thakre (Died) through LRs
Padma W/o Madhukar Thakre,
Age : 55 years, Occ. Nil,
R/o : In front of Mayors Bungalow, University Road,
Camp, Amravati-444602
6. Mukund Bhaurao Damedhar
Age : 63 years, Occ. Retired,
R/o : Jay Gauri Colony, Near Rahatgaon,
Anusaya Mata Mandir Road, Dattawadi,
Amravati-444603
7. Rajesh Vaijinath Lahore
Age : 57 years, Occ. Service,
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R/o : Executive Engineers Works,
ZP Works Division, Amravati
8. Pradip Vasantrao Zalte
Age : 55 years, Occ. Service,
R/o : Deputy Engineer, ZP Sub-Division,
Works, Daryapur, Amravati
9. Vilas Gopalrao Telgote
Age : 58 years, Occ. Retired,
R/o : Krushnapur Vihar, Swavalambi Nagar,
Kathora Road, Amravati-444604
10. Suresh Dayaramji Vaidya
Age : 64 years, Occ. Retired,
R/o : New Friends Colony, Near Ganpati Temple,
VMV Road, Amravati-444606
11. Harivijay Shankarrao Pohokar
Age : 63 years, Occ. Retired,
R/o : Ashtavinayak Colony, Potdar School,
Kathora Road, Amravati
12. Shankar Mallikarjunappa Ijapure
Age : 64 years, Occ. Retired,
R/o : Kamal Colony, Juna Bypass Road,
Near Sakha Mangalam, Amravati-444606
13. Vijay Dinkarrao Dharmale
Age : 66 years, Occ. Retired,
R/o : Narayan Nagar, Near Gajanan Maharaj
Temple, Kathora Road, Amravati-444601
14. Ramrao Marotrao Gulhane
Age : 66 years, Occ. Retired,
R/o : At Post Takarkhed, Tal. Bhatkali,
Dist. Amravati
15. Late Gunwantrao Vyankatrao Khandekar (Died)
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through LRs
Sunanda W/o Gunwantrao Khandekar
Age : 50 years, Occ. Nil,
R/o : Ratandeep Colony, Behind Sonal Colony,
Shegaon Rahatrao Road, Amravati-444604
16. Raju Pralhadrao Solanke
Age : 54 years, Occ. Service,
R/o : BDO P.S., Achalpur, Dist. Amravati
17. Wasudeo Namdeo Wankhade
Age : 69 years, Occ. Retired,
R/o : New Ambika Nagar, Near Gajanan Mandir,
Mardi Road, Tapowan Gate, Amravati
18. Rajendra Nathuji Bolke
Age : 57 years, Occ. Service,
R/o : ZP Works Sub-division, Work No.1, Amravati
19. Baban Deorao Jawanjal
Age : 58 years, Occ. Service,
R/o. : ZP Works Subdivision,
Daryapur, Dist. Amravati
20. Shriram Laluji Mugal
Age : 59 years, Occ. Retired,
R/o : At Post : Achalpur City, Vilayatpura,
Tal. Achalpur, Dist. Amravati
21. Sanjay Babarao Wankhade
Age : 59 years, Occ. Retired,
R/o : Chaitanya Colony, Shanti Nagar Road,
Plot No.2, Old Bypass Road, Amravati-444606
22. Arvind Janrao Bhagat
Age : 60 years, Occ. Retired,
R/o : Near Takhatmal College, Nanda Market,
Rajapeth, Amravati-444605
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23. Jaydeo Ganpatrao Nandgaonkar
Age : 72 years, Occ. Retired,
R/o : Vrundawan Nagar, Main Road,
Near Mandipar Centre, Post Paratwada,
Tal. Achalpur, Dist. Amravati
... PETITIONERS
...VERSUS...
1. The State of Maharashtra
(Through the Chief Secretary,
Government of Maharashtra,
Mantralaya, Mumbai-400 032)
2. The Secretary,
Rural Development Department,
25, Bandhkam Bhavan, 7th Floor,
Marzban Path, Fort, Mumbai-400001
3. The Secretary,
Department of Finance,
Government of Maharashtra,
Mantralaya, Mumbai-400032
4. The Chief Executive Officer,
Zilla Parishad, Amravati,
Dist. Amravati
...RESPONDENTS
------------------------------------------------------------------------------------------------------
Ms Ragini Karni Swami, Advocate for petitioners
Ms Prachi Joshi, AGP for respondent Nos. 1 to 3
Shri D.M. Kale, Advocate for respondent No. 4
-----------------------------------------------------------------------------------------------------
CORAM : AVINASH G. GHAROTE AND
SMT M.S. JAWALKAR, JJ.
DATE : 12.01.2024
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JUDGMENT (PER : SMT M.S. JAWALKAR, J.)
Rule. Rule made returnable forthwith and
heard the learned Counsel for the parties.
2] Each petitioner who came to be appointed as
Junior Engineer with the respective Zilla Parishads seek
benefit of Assured Career Progress Scheme. Such benefit
is sought not from the date of upgradation as Sectional
Engineer but on completion of twelve years service in
accordance with the said Scheme. Our attention is invited
to the judgment passed by a Co-ordinate Bench of this
Court in Vijaykumar Manoharrao Nomulwar & Ors. Vs. The
State of Maharashtra & Ors. [Writ Petition No. 1907/2022
decided on 20/4/2023] with other connected Writ Petitions.
In the said Writ Petitions, a direction has been issued to
Zilla Parishads to consider the case of each petitioner in
accordance with the judgment of this Court in Association
of the Sub-Ordinate, Kolhapur Vs. State of Maharashtra [Writ
Petition No. 2605/2017 decided on 6/2/2019] and that the
upgradation under the Government Resolution dated
16/4/1984 cannot be treated as the first benefit within the
meaning of Clause2(b)(3) of the Government Resolution
dated 1/4/2010. The learned Counsel for the petitioners
also seeks to rely upon the decision in Suhas s/o
Prabhakarrao Dharasurkar & Ors. Vs. The State of
Maharashtra & Ors. [Writ Petition No. 8009/2021 decided on
2/8/2022] at the Aurangabad Bench with other connected
Writ Petitions.
3] Considering the fact that there are various
petitioners and that Zilla Parishads would be required to
examine the case of each petitioner individually, the
following order would serve the ends of justice :
ORDER
(i) The Zilla Parishads shall examine the case of each
petitioner seeking entitlement to benefit under the
Assured Career Progression Scheme from the date of
appointment as Junior Engineer in accordance with the
decisions in Association of the Sub-Ordinate, Kolhapur
(supra) and Suhas s/o Prabhakarrao Dharasurkar & Ors.
(supra).
(ii) The observations made in the decision in Suhas s/o
Prabhakarrao Dharasurkar & Ors. (supra) shall be taken into
consideration by the Zilla Parishads. Necessary exercise
be completed within a period of four months from today.
(iii) If the petitioners are found entitled for such benefit,
the same shall be extended in accordance with law.
(iv) It is clarified that if Zilla Parishads find any
particular petitioner not entitled for such benefit, the
aggrieved petitioner is free to challenge that decision in
accordance with law.
4] Rule is made absolute in the aforesaid terms.
No costs.
JUDGE JUDGE
Jayashree..
Signed by: Mrs. Jayashree Pethe
Designation: PA To Honourable Judge
Date: 18/01/2024 14:34:52
