Bombay High Court
Vijay Baburao Bansod And Others vs The State Of Maharashtra, Thr. ... on 1 October, 2024
Author: Bharti Dangre
Bench: Bharati Dangre
2024:BHC-NAG:10989-DB
1 906WP5063-2024 JUD.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.5063 of 2024
Vijay Baburao Bansod and others ... Petitioners
-Versus-
State of Maharashtra and others ... Respondents
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Mr. P.S. Kshirsagar, Advocate for the Petitioners
Mr. J.Y. Ghurde, AGP for the Respondent No.1/State
Ms Meghna Munshi, Advocate for the respondent Nos.2 and 3/Zilla
Parishad, Gadchiroli
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CORAM : BHARATI DANGRE
& ABHAY J. MANTRI, JJ.
DATE : 01.10.2024
ORAL JUDGMENT : (PER : BHARTI DANGRE, J)
1. Heard.
2. Rule. Rule is made forthwith. Heard finally by the consent
of the parties.
3. Mr. Ghurde, learned AGP, waives service of notice for the
respondent No.1/State.
4. Ms Meghna Munshi, learned counsel, waives service of
notice for the respondent Nos.2 and 3.
5. By this petition, 254 petitioners seek directions to the Chief
Executive Officer, Zilla Parishad, Gadchiroli to revise Tribal
Incentive Allowance and to release arrears of the same along with
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additional House Rent Allowance as per 6th and 7th pay
commission.
The petitioners place reliance upon the Government
Resolution (GR) dated 6th August 2002, implementing the
special programme for the Naxalite Area and this includes
extension of the special incentive/allowance and the House Rent
Allowance to those employees working in the Naxalite affected
areas.
This GR revised the earlier policy, which was prevailing and
as far as the incentive allowance is concerned, it changed the
manner of determination of the incentive allowance, as
contemplated in G.R. dated 5th February, 1999, by specifying
that the officers/employees, working in the Naxalite area, shall be
entitled to incentive allowance @ 15 % of their pay, minimum of
Rs.200/- and maximum admissible allowance to be Rs.1,500/-
per month.
Reliance is also placed on the communication of the State
Government addressed to the Chief Executive Officer, Gondia,
clarifying that the provisions contained in the G.R. dated 06 th
August 2002 shall also be made applicable to all the employees
working in the Rural Development Department, which includes
the teachers and the other employees.
6. The learned counsel for the petitioners has placed before us
a decision of the Nagpur Bench in the case of Narayan Ratanlal
Thakre and others Vs. State of Maharashtra (Writ Petition
No.6114 of 2023), decided on 22nd February, 2024, pertaining to
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the Zilla Parishad Gondia. The similar relief was claimed by 60
employees, within the purview of Zilla Parishad, Gondia, where
they made a grievance that in pursuance to the GR dated 06 th
August 2002, they preferred representations to the respondents
at a regular interval, but they were kept away from the benefits
flowing from the said GR.
It was urged that the State Government had made it
evidently clear that the provisions of the GR dated 06 th August
2002 shall be made applicable to the employees of the Zilla
Parishad as per their existing pay-scales.
7. In the wake of the aforesaid grievance, the Rule was made
absolute in the petition by following directions.
"5. It is Contended by the petitioner that this Court
in several cases, already held that the said employees
shall be entitled to receive the aforesaid benefits in terms
of the 6th and 7th Pay Commission. The present matter is
covered by the judgment dated 13/02/2024 in Writ
Petition No. 4416/2023 with Writ Petition No.
7634/2023. As such the present petition is allowed by
directing the respondent to release the benefits of
Incentive Allowance and Additional House Rent
Allowance, in favour of the petitioners as per the
Recommendations of the 6th and 7th Pay Commission
w.e.f. 01/01/2006 and 01/01/2016 respectively till the
date of their retirement and to forthwith pay the arrears
of difference of amount of Incentive Allowance and
Additional House Rent Allowance, in favour of the
petitioners, within a period of four weeks."
8. Reliance is placed on another decision delivered in the case
of Sameer Manoharrao Dakhole and others Vs. State of
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Maharashtra (Writ Petition No.3950 of 2024) decided on 12 th
September 2024, extending the similar benefits. This decision
relates to the Zilla Parishad, Yavatmal, as the petitioners,
wherein, were working in the Naxalite area of Zilla Parishad,
claimed Tribal Incentive Allowance and additional House Rent
Allowance and this relief came to be granted.
9. The petitioners before us have filed the present petition
seeking a similar relief based on the policy decision of the State,
along with the communication addressed to the Zilla Parishad,
Gondia.
10. We are therefore, inclined to grant relief in terms of prayer
clause (i) by directing the Zilla Parishad, Gadchiroli to release
necessary payment to the petitioners, within a period of three
months from today.
11. Rule is made absolute in terms of prayer clause (i), which
reads as under:
"(i) Direct the respondent No. 1 the Chief Executive
Officer Zilla Parishad, Gadchiroli to revise the Tribal
Incentive Allowance and to pay the arrears of Tribal
incentive allowances and additional House Rent Allowance
to the petitioners as per pay scale of 6th Pay and 7th Pay
Commission under the provisions of GR dated 06/08/2002
(Anex No. 3) as per letter dated 16/09/2020 (Annex. No.
19) and by extending the benefit of order of this Hon'ble
Court in Writ Petition No.3837/2021 dated
02/03/2022(Anex. No.21) and grant benefit of House Rent
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Allowance w.e.f. March 2023 along with arrears if any in
view of Revised GR dated 19/01/2023 within stipulated
period;"
12. The Writ Petition is made absolute in the above terms.
13. We are surprised to see the number of employees from
various Zilla Parishads, blocking this Court through various
petitions and seeking adherence to the directives in the GR dated
06th August, 2002 to extend the benefits of the incentive as well
as house rent allowance to the employees working in Naxalite
area, which includes the employees working with Zilla Parishad.
It is unfortunate that despite a specific order being passed,
which is not assailed before the Apex Court and has attained
finality, the employees are required to approach the Court,
depending upon which Zilla Parishads they are working.
When the State Government, under General
Administration Department, has issued a resolution with
consensus of the finance department, it is imperative for the Zilla
Parishad to abide by the directives contained therein.
14. We deem it appropriate to direct the Secretary, Rural
Development Department to address communication to each
Zilla Parishad in the State directing it to ensure compliance of the
policy decision of the State Government, as contained in the GR
dated 06th August 2002, issued by the General Administration
Department, by issuing appropriate communication so that we
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can curtail further inflow of the petitions by the employees
seeking similar reliefs.
[ABHAY J. MANTRI, J] [BHARATI DANGRE, J]
Signed by: Mr. Niranjan Thawre
Designation: PA To Honourable Judge
Date: 03/10/2024 14:30:02
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