Bombay High Court
Gulab Mahadev Mhaske And Others vs The State Of Maharashtra, Thr. ... on 19 March, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:2778-DB
13.WP413.2024jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 413 OF 2024
1. Gulab Mahadev Mhaske
Age 55 yrs, Occ. Cook,
R/o. C/o. Vasantrao Naik Prathamic /
Madhyamic Ashram Shaala Dapura,
Panchayat Samiti Manora,
Dist. Washim
2. Uttam Tukaram Ingole
Age 58 years, Occ. Shipai,
R/o. C/o. Vasantrao Naik Prathamic /
Madhyamic Ashram Shaala Dapura,
Panchayat Samiti Manora,
Dist. Washim
3. Raju Bhagwan Aade
Age 56 years, Occ. Cook,
R/o. C/o. Vasantrao Naik Prathamic /
Madhyamic Ashram Shaala Dapura,
Panchayat Samiti Manora,
Dist. Washim
4. Vitthal Maroti Barlawar
Age 47 years, Occ. Helper,
R/o. C/o. Vasantrao Naik Prathamic /
Madhyamic Ashram Shaala Dapura, ... Petitioners
Panchayat Samiti Manora,
Dist. Washim
5. Kailash Ramdhan Rathod
Age 58 years, Occ. Shipai,
R/o. C/o. Vasantrao Naik Prathamic /
Madhyamic Ashram Shaala Dapura,
Panchayat Samiti Manora,
Dist. Washim
6. Yashwant Ganpat Shelke
Age 55 years, Occ. Kamathi,
R/o. C/o. Vasantrao Naik Prathamic /
Madhyamic Ashram Shaala Dapura,
Panchayat Samiti Manora,
Dist. Washim
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13.WP413.2024jud.odt
7. Santosh Anandrao Vyavahare
Age 45 years, Occ. Cook,
R/o. C/o. Vasantrao Naik Prathamic /
Madhyamic Ashram Shaala Dapura,
Panchayat Samiti Manora,
Dist. Washim
Versus
1. The State of Maharashtra,
Through its Secretary Social Welfare Department,
Mantralaya, Mumbai 32
2. The Commissioner/Director,
Social Welfare Department,
Maharashtra State, Pune.
3. The Regional Dy. Commissioner,
Social Welfare Department,
Amravati Division, Amravati.
... Respondents
4. The Assistant Commissioner,
Social Welfare Officer, Washim
Tq. and District - Washim
Mr. P.S. Kshirsagar, Advocate for petitioners.
Mr. S.M. Ukey, Addl. GP for respondent Nos.1 to 4.
CORAM : AVINASH G. GHAROTE AND
ABHAY J. MANTRI, JJ.
DATE : 19.03.2025.
ORAL JUDGMENT: (PER: Abhay J. Mantri, J)
CIVIL APPLICATION NO. 2711 OF 2024
1. The learned Advocate for the petitioners/applicants
submitted that the nomenclature of the respondents' department has
been changed. Therefore, the petitioners want to amend the petition
to which the learned AGP has not objected.
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13.WP413.2024jud.odt
2. Considering the reasons stated in the application, the
application is allowed as prayed for.
3. The petitioners are directed to carry out the amendment
forthwith.
1. Mr. Ukey, learned Additional GP waives notice for all
respondents.
2. Heard. Rule. Rule is made returnable forthwith and heard
finally with the consent of the learned counsel for both parties.
3. The petitioners seek to grant a selection grade pay scale in
favour of the petitioners and other consequential benefits in view of
the G.Rs. dated 02.03.2019 and 23.10.2017 and in view of the dictum
laid down in judgment dated 21.09.2013 in W.P. No. 2358/2013.
4. The learned Advocate for the petitioners submitted that the
issue involved in the present matter is covered by the decision in
Parasram H. Jadhav and Ors. Vs. The State of Maharashtra and anr. in
Writ Petition No. 377/2023 decided on 06.11.2023 and submitted that
the facts in the present matter are identical and similar to the facts in
the above decision, and therefore, he urged for disposal of the petition
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13.WP413.2024jud.odt
in terms of the decision in the said case.
5. The learned AGP has conceded the said position and
submitted that the appropriate orders be passed.
6. It appears that the facts in the present matter are identical
and similar to the facts in the above decision, and therefore, in our
opinion, it would be proper to dispose of the petition in terms of the
decision in the said case, i.e. by directing the respondents to examine
the entitlement and eligibility of the petitioners to receive the benefits
of grant of selection grade pay scale in light of the Government
Resolution dated 02-03-2019 and other Government Resolutions as
applicable in that regard. The same shall be considered within a period
of eight weeks from the receipt of a copy of this order. In case the
petitioners are found to be entitled to receive such benefits, the same
shall be released in their favour within four months of such a decision
being taken.
7. Accordingly, the petition is disposed of, and the rule is
made absolute in the above terms. No costs.
(Abhay J. Mantri, J.) (Avinash G. Gharote, J.)
Prity
Signed by: Mrs. Prity Gabhane PAGE 4 OF 4
Designation: PA To Honourable Judge
Date: 20/03/2025 11:07:49
