Bombay High Court
Ankush Dhawala Sabale And Ors vs The State Of Maharashtra Thr. The ... on 11 December, 2023
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
2023:BHC-AS:38434-DB
7-wp-15459-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.15459 OF 2023
1 Ankush Dhawala Sabale ]
Age - 39, Occu- Service as Teacher ]
R/o. Z.P. School, Shiroli (Pur), ]
Tq. Junnar, Dist. Pune ]
2 Shankar Sitaram Gawari ]
Age - 40 Occu - Service as Teacher ]
R/o. Z. P. School, Gohe Kh. ]
Tq. Ambegaon, Dist., Pune ]
3 Dilip Pandurang Muthe ]
Age 44, Occu - Service as Teacher ]
R/o. Z. P. School, Kotamwadi (Hadsar) ]
Tq. Junnar, Dist. Pune. ]
4 Tukaram Kisan Wadekar ]
Age: 30, Occu - Service as Teacher ]
R/o. Z. P. School, Tejur, Tq. Junnar ]
District Pune. ]
5 Vitthal Pandurang Damse ]
Age 43, Occu - Service as Teacher ]
R/o. Z. P. School, Thakarwadi (Tambe) ]
Tq. Junnar, District Pune. ]
6 Dnyandeo Dagadu Dabhade ]
Age: 36, Occu - Service as Teacher ]
R/o. Z. P. School, Mundhewadi, ]
Tq. Junnar, District Pune. ]
7 Kiran Popat Shinde ]
Age: 42, Occu -Service as Teacher ]
R/o. Z. P. School, Ambedara (Tambe) ]
Tq. Junnar, District Pune. ]
8 Sangita Shantarakm Jadhav ]
Age: 39, Occu -Service as Teacher ]
R/o. Z. P. School, Aamboli ]
Tq. Junnar, District Pune. ]
9 Sanjivani Shashikant Dhage ]
Age: 47, Occu -Service as Teacher ]
R/o. Z. P. School, Talechiwadi ]
Tq. Junnar, District Pune. ]
S.R.JOSHI
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10 Kiran Popat Shinde ]
Age: 42, Occu -Service as Teacher ]
R/o. Z. P. School, Ambedara (Tambe) ]
Tq. Junnar, District Pune. ]
11 Sunita Dnyaneshwar Karbhal ]
Age: 43, Occu -Service as Teacher ]
R/o. Z. P. Primary School, Joshiwadi (Tambe)]
Tq. Junnar, District Pune. ]
12 Rohidas Dhondu Mundhe ]
Age: 43, Occu -Service as Teacher ]
R/o. Z. P. School, Undekhadak ]
Tq. Junnar, District Pune. ]
13 Suresh Kisan Damse ]
Age: 42, Occu -Service as Teacher ]
R/o. Z. P. School, Undekhadak ]
Tq. Junnar, District Pune. ]
14 Ananta Laxman Pardhi ]
Age: 53, Occu -Service as Teacher ]
R/o. Z. P. School, Sukalwedhe ]
Tq. Junnar, District Pune. ]
15 Tanhaji Mahadu Utale ]
Age: 53, Occu -Service as Teacher ]
R/o. Z. P. P. S, Manganiwadi ]
Tq. Junnar, District Pune. ]
16 Maya Pandhiranath Shelkande ]
Age: 40, Occu -Service as Teacher ]
R/o. Z. P. School, Usran ]
Tq. Junnar, District Pune. ]
17 Balasaheb Krishnaji Thongire ]
Age: 43, Occu -Service as Teacher ]
R/o. Z. P. School, Khireshwer ]
Tq. Junna, District Pune. ]
18 Devala Maruti Nadekar ]
Age: 56, Occu -Service as Teacher ]
R/o. Z. P. School, Godewadi (Taleran) ]
Tq. Junnar, District Pune. ]
19 Tukaram Vitthal Lembhe ]
Age: 40, Occu -Service as Teacher ]
R/o. Z. P. School, Amondi ]
Tq. Ambegaon District Pune. ]
S.R.JOSHI
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20 Rupali Dinesh Bambale ]
Age: 39, Occu -Service as Teacher ]
R/o. Z. P. School, Kanase ]
Tq. Ambegaon, District Pune. ]
21 Ranjana Shankar Gawari ]
Age: 39, Occu -Service as Teacher ]
R/o. Z. P. School Mapoli ]
Tq. Ambegaon, District Pune. ]
22 Luma Budha Bagad ]
Age: 55, Occu -Service as Teacher ]
R/o. Z. P. School, Manganiwadi ]
Tq. Junnar, District Pune. ]
23 Vitthal Namdeo Dabhade ]
Age: 43, Occu -Service as Teacher ]
R/o. Z. P. School, Pimpalgaon Joga ]
Tq. Junnar, District Pune. ]
24 Rambhau Dhondu Bagad ]
Age: 56, Occu -Service as Teacher ]
R/o. Z. P. School, Khireshwar ]
Tq. Junnar, District Pune. ]
25 Deepak Bhagawanta Virnak ]
Age: 43, Occu -Service as Teacher ]
R/o. Z. P. School, Kaldare ]
Tq. Junnar, District Pune. ]
26 Luma Shankar Ambekar ]
Age: 43, Occu -Service as Teacher ]
R/o. Z. P. School, Eshtewadi ]
Tq. Ambegaon, District Pune. ]
27 Sanjay Tukaram Burud ]
Age: 35, Occu -Service as Teacher ]
R/o. Z. P. School, Pokharkarwadi ]
Tq. Ambegaon, District Pune. ]
28 Manisha Dattatray Mechkar ]
Age: 42, Occu -Service as Teacher ]
R/o. Z. P. School, Pokharkarwadi ]
Tq. Ambegaon, District Pune. ]
29 Mandakini Namdev Ugale ]
Age: 43, Occu -Service as Teacher ]
R/o. Z. P. School, Walmikwadi ]
Tq. Ambegaon, District Pune. ]
S.R.JOSHI
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30 Namdev Tukaram Ugale ]
Age: 49, Occu -Service as Teacher ]
R/o. Z. P. School, Ambedara ]
Tq. Ambegaon, District Pune. ]
31 Sudam Tukaram Lohakare ]
Age: 52, Occu -Service as Teacher ]
R/o. Z. P. School, Gohe Kh ]
Tq. Junnar, District Pune. ]
32 Nirasha Janaku Shelake ]
Age: 39, Occu -Service as Teacher ]
R/o. Z. P. School, Thakarwadi Sal. ]
Tq. Ambegaon, District Pune. ]
33 Purva Kapil Kambale ]
Age: 37, Occu -Service as Teacher ]
R/o. Z. P. School, Dimbhe Kh. ]
Tq. Ambegaon, District Pune. ]
34 Alka Sunil Unde ]
Age: 40, Occu -Service as Teacher ]
R/o. Z. P. School, Amondi ]
Tq. Ambegaon, District Pune. ]
35 Machhindranath Ramchandra Zanjare ]
Age: 42, Occu -Service as Teacher ]
R/o. Z. P. School, Phadalewadi ]
Tq. Ambegaon, District Pune. ]
36 Vasant Soma Langhi ]
Age: 51, Occu -Service as Teacher ]
R/o. Z. P. School, Gangapur BU ]
Tq. Ambegaon, District Pune. ]
37 Sugandha Vasant Langhi ]
Age: 51, Occu -Service as Teacher ]
R/o. Z. P. School, Gangapur BU ]
Tq. Ambegaon, District Pune. ]
38 Mangesh Tukaram Burud ]
Age: 37, Occu -Service as Teacher ]
R/o. Z. P. School- Bhawadi ]
Tq. Ambegaon, District Pune. ]
39 Savindra Kailas Kolap ]
Age: 38, Occu -Service as Teacher ]
R/o. Z. P. School Bhagitwadi ]
Tq. Ambegaon, District Pune. ]
S.R.JOSHI
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40 Ashok Pandurang Madhe ]
Age: 54, Occu -Service as Teacher ]
R/o. Z. P. School, Gadekrwadi ]
Tq. Ambegaon, District Pune. ].. Petitioners.
v/s.
1 The State of Maharashtra ]
through the Secretary ]
Tribal Development Department, ]
Mantralaya, Mumbai 400 032. ]
2 The Secretary ]
Rural Development Department, ]
Mantralaya, Mumbai 400 032. ]
3 The Secretary ]
General Administration Department ]
Mantralaya, Mumbai 400 032. ]
4 The Secretary ]
Finance Department, Mantralaya, ]
Mumbai 400 032. ]
5 The Divisional Commissioner ]
Pune Division, Pune. ]
6 The Chief Executive Officer ]
Zilla Parishad, Pune. ]
7 The Education Officer (Pri.) ]
Zilla Parishad, Pune. ]
8 The Chief Accountant and Finance Officer ]
Zilla Parishad, Pune. ] .. Respondents.
Mr. V. S. Tadke with Mr. Balaji Shinde, for the Petitioners.
Mr. S. L. Babar, AGP for Respondent Nos. 1 to 5.
Mr. A. R. Kapadnis, for Respondent No.6.
CORAM: A.S.CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
DATE : 11th DECEMBER, 2023.
ORAL JUDGMENT (Per A.S.CHANDURKAR, J.):-
RULE. Rule made returnable forthwith and heard finally by
consent of the parties.
S.R.JOSHI
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2 The Petitioners are discharging their duties as members of
teaching staff in various schools situated in the tribal area. They claim
entitlement to the benefit of one-step-pay-scale under the Government
Resolution dated 6th August, 2002. It is their grievance that they are being
deprived of these benefits without assigning any reasons. Further, the
payments made to them earlier in that regard are also sought to be
recovered by the Chief Executive Officer, Zilla Parishad, Pune.
3 After hearing learned Counsel for the parities, we find that
this issue has been considered and decided in Writ Petition No. 4713 of
2022 (Ashok Babanrao Anerao & Others v/s. The State of Maharashtra &
Others) decided on 21st April, 2022. In that view of the matter, the
following order would serve the ends of justice:-
(a) Petitioners are permitted to make fresh representation to the Chief
Executive Officer, Zilla Parishad, Pune and seek benefit of one-
step--pay-scale as per Government Resolution dated 6 th August,
2002. Such representation shall be made by them within a period of
two weeks from receiving of copy this order. In the meanwhile, the
salaries of the Petitioners shall be paid at the same rate at which
they were paid prior to issuance of the communication dated 17 th
November, 2018;
(b) Within a further period of six weeks of receiving of such
representation, the Chief Executive Officer, Zilla Parishad shall
decide the same after hearing the Petitioners. It would be open for
the Petitioners to raise the grievance against the proposed recovery
of any alleged excess payments made to them. The decision taken
on the representation be communicated to the Petitioners.
S.R.JOSHI
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(c) Needless to state that if the Petitioners are aggrieved by such
decision, they are free to take legal steps in that regard in
accordance with law.
4 Rule made absolute on the aforesaid terms with no order as
to costs.
(FIRDOSH P. POONIWALLA,J.) (A.S. CHANDURKAR,J.)
S.R.JOSHI
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