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2017 DIGILAW 352 (BOM)

Kiran Shivaji Patil v. State of Maharashtra, Through its Secretary, Social Justice and Special Assistance Department

2017-02-17

SANGITRAO S.PATIL, T.V.NALAWADE

body2017
JUDGMENT : Sangitrao S. Patil, J. Common questions of law and facts are involved in these Writ Petitions. Hence, they are being disposed of by this common judgment. 2. Rule made returnable forthwith. With the consent of the parties, heard finally. 3. According to the petitioners, they are the Hostel Superintendents working in Primary Ashram Schools controlled by the Department of Social Justice and Special Assistance, Government of Maharashtra, Mantralaya, Mumbai. Their counterparts working in the Tribal Development Department of the Government of Maharashtra, performing the same duties, are getting pay scale of Rs.4500-7000/-. However, the petitioners have been given pay scale of Rs.4000-6000/-. Some of the petitioners had filed Writ Petition No.5823 of 2015 for claiming parity in the pay scale with their counterparts working in the Tribal Development Department. This Court vide order dated 11.06.2015 directed them to make representation with the respondent/authorities seeking requisite pay scale and the respondent/authorities were directed to decide the representation on merits and in accordance with law. Accordingly, respondent no.3 Director considered the representation and rejected it on 30.10.2015. The petitioners have challenged the said decision and claimed pay scale of Rs.4500-7000/-. Some of the petitioners have claimed time bound promotional pay scale also, on the basis of the pay scale claimed by them. 4. The learned Counsel for the petitioners submits that some of the Hostel Superintendents working in Primary Ashram Schools controlled by the Department of Social Justice had filed Writ Petitions bearing Nos.1491 of 2001 (Sahebrao Karbhari Gunjal and ors. Vs. The State of Maharashtra and ors.) and 11437 of 2015 (Parmeshwar s/o Digambar Kandilkar Vs. The State of Maharashtra and ors.) in this Court, which have been decided on 01.11.2009 and 22.06.2016, respectively, wherein the Hostel Superintendents working under the control of the Department of Social Justice have been directed to be given the pay scale of Rs.4500-7000/-. Therefore, he submits that the present Writ Petitions may be allowed in the same terms. 5. The learned A.G.P. appearing for the respondents submits that respondent no.3 has considered the relevant Government Resolutions and rightly rejected the claim of the petitioners for enhanced pay scale of Rs.4500-7000/-. 6. In view of the judgments referred to above, the issue in respect of higher pay scale raised in the present Writ Petitions is no more resintegra. 5. The learned A.G.P. appearing for the respondents submits that respondent no.3 has considered the relevant Government Resolutions and rightly rejected the claim of the petitioners for enhanced pay scale of Rs.4500-7000/-. 6. In view of the judgments referred to above, the issue in respect of higher pay scale raised in the present Writ Petitions is no more resintegra. The petitioners in those cases, who were similarly situated to the present petitioners, after hearing the respondents/authorities and considering the relevant Government Resolutions as well as the policy of the State Government, have been directed to be given the pay scale equal to that of the Hostel Superintendents working under the Tribal Development Department. 7. In the circumstances, we do not find any difficulty in accepting the claim of the present petitioners for the pay scale of Rs.4500-7000/-. Therefore, we direct the respondents to extend the same pay scale (i.e. Rs.4500-7000) and other benefits to the petitioners equal to that of the Hostel Superintendents working under the control of Tribal Development Department. 8. So far as the claim of some of the petitioners in respect of time bound promotional pay scale is concerned, we direct the said petitioners to approach the appropriate authority with necessary representation seeking the said relief. The authority concerned shall decide the representation on its own merits and considering the relevant Government Resolutions as well as the policy of the Government, as expeditiously as possible and within a period of six months from today. 9. With the above directions, Rule is made absolute. The Writ Petitions are allowed in the above terms. No costs.