Bombay High Court
Gajanan S/O Mahadeorao Jarad vs Zilla Parishad, Buldhana Through Its ... on 6 August, 2019
Author: Vinay Joshi
Bench: R.K.Deshpande, Vinay Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1531 OF 2019
PETITIONER :- Gajanan Mahadeorao Jarad,
Aged about: 69 years, Occup. Retired,
R/o 6, Maharudra Apartments, Sutala (Khurd),
Khamgaon, Dist.Buldhana.
...VERSUS...
RESPONDENTS :- 1. Zilla Parishad, Buldhana, through
its Chief Executive Officer.
2. Executive Engineer, Zilla Parishad, Works
Division, Buldhana.
3. Divisional Commissioner,
Amravati Division, Amravati.
4. The State of Maharashtra, through
Secretary, Department of Rural
Development and Water Conservation,
Mantralaya, Mumbai-32.
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Mr.P.D. Meghe, counsel for the petitioner.
Mr.B.N. Jaipurkar, counsel for the respondent Nos.1 and 2.
Ms.M.A.Barabde, AGP for respondent Nos.3 and 4.
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CORAM :R.K.DESHPANDE &
VINAY JOSHI, JJ.
DATED : 06.08.2019.
ORAL J U D G M E N T (Per : R.K.DESHPANDE, J.)
1. Rule. Rule made returnable forthwith.
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2. Heard finally by consent of the learned counsels appearing for the parties.
3. The facts not in dispute are as under:-
The petitioner was appointed on the post of 'Tracer' on 2.11.1979. He completed the age of 45 years on 12.8.1995. Thereafter, the post of Tracer and other equivalent posts were merged in the cadre of Civil Engineering Assistant which came into existence on 20.5.1999.
The claim of the petitioner on the basis of Government Resolution dated 8.6.1995 is for grant of promotional pay scale in the next higher grade of Junior Engineer. According to the petitioner, he is exempted from passing the departmental examination as he completed age of 45 years on 12.8.1995. According to him, from the date of the initial appointment on 2.11.1979, the period of 12 years needs to be counted. The petitioner completed the age of 45 years and on 12.08.1995 and hence from that date he was exempted from passing the examination.
4. Several decisions of this Court are placed on record, on which the reliance is placed. It is the view taken by this Court that, if the employee has completed continuous service of 12 years in any one of the post merged in the cadre of Civil Engineering Assistant, upon ::: Uploaded on - 08/08/2019 ::: Downloaded on - 08/08/2019 21:04:03 ::: 955-wp-1531-19-Judgment 3/4 completion of 45 years of age he becomes entitled to placement in the higher grade of pay. This view is taken in the decision of this Court in Writ Petition No.6212 of 2011 on 9.11.2011 which was the subject matter of challenge before the Apex Court and the Special Leave Petition was dismissed on 5.04.2013.
5. We are of the view that, all the similarly situated persons having made entitled to get the benefit of early decision of this Court, the exception cannot be carved out in respect of the petitioner to deny the said benefit on the decisions of this Court. We have gone through the Government Resolution dated 28.07.2014, on which the reliance is placed upon by the learned counsel appearing for the respondents, who urged that none of the decision considered the effect of this Government Resolution. Even after issuance of this Government Resolution, this Court has taken view in several decisions following the decision rendered in Writ Petition No.6212 of 2011. Upon perusal of the Government Resolution, we find that the claim can be opposed only if, it is the second benefit which is claimed. In the present case, it is the first benefit after completion of 12 years service rendered in the post of Tracer, which is claimed.
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6. In the result, the present Writ Petition is allowed and the following order is passed:
(i) Respondent Zilla Parishad, Buldhana is directed to consider the petitioner in the scale of Rs.5500/- to Rs.9000/- of Junior Engineer with effect from 12.8.1995 and to pay all the monetary benefits arising out of it, including the arrears of difference in the salary and the ultimate revision in the pension.
(ii) The entire exercise be carried out within a period of three months from the date of the receipt of this judgment.
Rule is made absolute in the aforesaid terms. No order as to costs.
JUDGE JUDGE
Kavita
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