Bombay High Court
Satish Tukaram Bhole And Others vs The State Of Maharashtra And Others on 20 August, 2019
Author: Sunil P. Deshmukh
Bench: Sunil P. Deshmukh
1 1945.17WP group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1945 OF 2017
1. Satish s/o Tukaram Bhole
Age: 48 years, Occu: Service,
2. Jagannath s/o Dalpath Thosar
Age: 56 years, Occu: Service,
3. Rajaram s/o Narayan Chaudhari
Age: 49 years, Occu: Service,
4. Rajendra s/o Narayan Chaudhari
Age: 46 years, Occu: Service,
All R/o Mahatma Gandhi Vidyalaya,
Bhadli (Bk.), Tq. and Dist. Jalgaon .....Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer (Senior Auditor)
Education Department, Jalgaon,
Tq. and Dist. Jalgaon.
4. Mahatma Gandhi Vidyalaya,
Bhadli (Bk.) Tq. and Dist. Jalgaon,
Through its Headmaster. .....Respondents
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2 1945.17WP group
WITH
WRIT PETITION NO. 2208 OF 2017
1. Avinash s/o Bhagwat Choudhari
Age: 56 years, Occu: Service,
2. Nitin s/o Yashwant Choudhri,
Age: 45 years, Occu: Service,
3. Rama s/o Parbat Warke,
Age: 51 years, Occu: Service,
4. Chandrakant s/o Eknath Kohle
Age: 50 years, Occu: Service,
5. Sanjay s/o Shantaram Javre
Age: 45 years, Occu: Service, ...Petitioners
All R/o Nashirabad,
Tq and Dist. Jalgaon.
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer (Senior Auditor)
Education Department, Jalgaon.
4. Sarvoday Madhyamik Vidyalaya
Nashirabad, Tq. and Dist. Jalgaon
Through its Headmaster ...Respondents
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3 1945.17WP group
WITH
WRIT PETITION NO. 4742 OF 2017
1. Subhash s/o Atmaram Patil,
Age: 51 years, Occu: Service,
R/o: Sarbete, Tq. Amalner, Dist. Jalgaon
2. Pradeep s/o Baburao Pawar,
Age: 57 years, Occu: Service,
3. Shaikh Musa Shaikh Isa Maniyar,
Age: 45 years, Occu: Service,
Petitioner no. 2 and 3 are,
R/o. Gandli, Tq. Amalner, Dist. Jalgaon
4. Dadabhau s/o Shivaji Patil,
Age: 44 years, Occu: Service,
5. Parmeshwar s/o Bhagwan Patil,
Age: 47 years, Occu: Service, ...Petitioners
Petitioner no. 4 and 5 are
R/o Lon (Bk.) Tal. Amalnber Dist. Jalgaon
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer (Senior Auditor)
Education Department, Jalgaon.
4. Sarvajanik Vidyalaya, Sarbate
Tq. Amaner Dist. Jalgaon
Through its Headmaster
5. Balaji Vidyalaya Gandli- Pilode,
Tq. Amalner, Dist. Jalgaon,
Through its Headmaster,
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6. Madhyamik Vidyalay, Lon (Bk.)
Tq. Amalner Dist. Jalgaon,
Through Its Headmaster. Respondents
WITH
WRIT PETITION NO. 14803 OF 2017
1. Vijay s/o Dipchand Patil
Age: 48 years, Occu: Service,
R/o. Pimpli Tq. Amalner,
Dist. Jalgaon.
2. Rajshekhar s/o Pandurang Patil,
Age: 46 years, Occu: Service,
R/o. Shahapur, Tq. Amalner,
Dist. Jalgaon
3. Sanjay s/o Limba Patil,
Age: 49 years, Occu: Service,
R/o Plot No. 5, Saraswati Colony,
Dhule Road, Amalner, Tq. Amalner,
Dist. Jalgaon
4. Purushottam s/o Shravan Deore,
Age: 52 years, Occu: Service
R/o Gandhli, Tq. Amalner,
Dist. Jalgaon.
5. Jintendra s/o Bhikanrao Suryawanshi,
Age: 51 years, Occu: Service,
R/o. Mudi Tq. Amalner,
Dist. Jalgaon.
6. Ashok s/o Rajdhar Patil,
Age: 50 years, Occu: Service,
R/o Balaji nagar Chorwad Road,
Parola, Tq. Parola, Dist. Jalgaon.
7 Jijabrao s/o bhagwan Patil,
Age: 52 years, Occu: Service,
R/o Karmad (Kh.), Tq. Amalner,
Dist. Jalgaon.
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8 Dilip s/o Punju Patil,
Age: 54 years, Occu: Service,
R/o. Karmad (kh), Tq. Amalner,
Dist. Jalgaon
9 Gulabrao s/o Lotan Patil,
Age: 54 years, Occu: Service,
R/o. Nipane, Tq. Erandol,
dist. Jalgaon.
10 Dnyaneshwar s/o Hilal Patil,
Age: 47 years, Occu: Service,
R/o. Shelave, Tq. Parola,
Dist. Jalgaon.
11 Suresh s/o Santosh Chavan,
Age: 55 years, Occu: Service,
R/o Pimpli, Tq. Amalner,
Dist. Jalgaon.
12. Bhaskar s/o Bansi Mali,
Age: 52 years, Occu: Service,
R/o. Amleshwar Nagar, Krushnakunj,
Amalner, Tq. Amalner, Dist. Jalgaon.
13 Awachit s/o Rajaram Bagul,
Age: 49 years, Occu: Service,
R/o. Zadi, Post: Shirsale
Tq. Amalner, Dist. Jalgaon.
14 Kantilal s/o Pandit Chaudhari,
Age: 52 years, Occu: Service,
R/o. Shirsale, Tq. Amalner,
Dist. Jalgaon.
15 Anil s/o Yeshwant Patil,
Age: 45 years, Occu: Service,
R/o. Chahardi, Tq. Chopda,
Dist. Jalgaon
16 Dilip s/o Awachit Soawane,
Age: 57 years, Occu: Service,
R/o. Plot No. 2, Mahalaxmi Nagar,
Yaval Road, Chopda, Tq. Chopda,
Dist. Jalgaon.
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17 Prakash s/o Shivdas Gaikwad,
Age: 49 years, Occu: Service,
R/o Fafore (Bk.) Tq. Amalner Dist. Jalgaon
18 Samadhan s/o Mohan Atkale,
Age: 48 years, Occu: Service,
R/o Kingaon, Tq. Yawal,
Dist. Jalgaon
19 Chudaman s/o Bhika Sukhale,
Age: 54 years, Occu: Service,
R/o. Naigaon Tq. Yawal,
Dist. Jalgaon.
20 Manohar s/o Chhabu Patil,
Age: 55 years, Occu: Service,
R/o. Shivaji Nagar, Shirud Naka,
Amalner, Tq. Amalner,
Dist. Jalgaon.
21. Rajaram s/o Dangal Salunke,
Age: 54 years, Occu: Service,
R/o. Plot no. 36, Saptashrungi Colony,
Amalner, Tq. Amalner, Dist. Jalgaon.
22 Nimba s/o Ragho Mairale
Age: 56 years, Occu: Service,
23 Prakash s/o Rajdhar Patil,
Age; 49 years, Occu: Service,
24 Naresh s/o Laxman Naide,
Age: 46 years, Occu: Service,
Pet. No. 22 to 24 R/o. Dheku (Kh.)
Tq. Amalner, Dist. Jalgaon. ...Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
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3. The Accounts Ofcer (Senior Auditor)
Education Department, Jalgaon,
Tq. and Dist. Jalgaon. ...Respondents
WITH
WRIT PETITION NO. 10955 OF 2015
1. Kantilal s/o Shivaji Patil,
Age; 49 years, Occu: Service,
R/o. 'Shriniwas', Bhaskarnagar,
Pachora, Tq. Pachora, Dist. Jalgaon.
2. Ashok s/o Pundalik Patil,
Age: 55 years, Occu: Service,
R/o. Shiv Colony, Krushnapuri,
Pachora, Tq. Pachora, Dist. Jalgaon. ...Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer (Senior Auditor)
Education Department, Jalgaon,
Tq. and Dist. Jalgaon.
4. Smt. C.H. Rajput Madhyamik
Vidyalaya, Dahigaon (Sant),
Tq. Pachora, Dist. Jalgaon
Through its Headmaster.
5. Shri G. S. High School,
Pachora, Tq. Pachora, Dist. Jalgaon
Through its Headmaster. ...Respondents
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8 1945.17WP group
WITH
WRIT PETITION NO. 14804 OF 2017
1. Prakash s/o Nemichand Jain,
Age: 63 years, Occu: Retired,
R/o. Gurukrupa Colony, Amalner,
Tq. amalner, Dist. Jalgaon.
2. Bhikan s/o Narayan Dusane,
Age: 63 years, Occu: Retired,
R/o. Vidyanagar, Dhule Road,
Amalner, Tq. Amalner, dist. Jalgaon.
3. Shantaram s/o Narayanrao Pawar,
Age: 59 years, Occu: Retired,
R/o. Shankarnagar, Pimple Road,
Amalner, Tq. Amalner, Dist. Jalgaon
4. Shriram s/o Bajirao Patil,
Age: 59 years, Occu: retired,
R/o. Khirdi (Bk.), Tq. Raver,
Dist. Jalgaon. ...Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. Accountant general-I,
2nd floor, Pratishtha Bhavan,
101, Maharishi Karvey Road,
New Marine Lines-Churchgate,
Mumbai - 400020
3. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
4. The Accounts Ofcer (Senior Auditor)
Education Department, Jalgaon,
Tq. and Dist. Jalgaon. ...Respondents
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9 1945.17WP group
WITH
WRIT PETITION NO. 14805 OF 2017
1. Atikur Raheman Razzak Baig,
Age: 45 years, Occu: Service,
2. Altaf Hussain Sayyad Moinoddin,
Age: 46 years, Occu: Service,
3. Shamim Bano sharif Khan,
Age: 58 years, Occu: Service,
Pet. Nos. 1 to 3 are R/o. Urdu Girls
High School, Raver, Tq. Raver,
Dist. Jalgaon.
4. Avinash s/o Madhav Kulkarni,
Age: 58 years, Occu: Service,
R/o. Martand Niwas, Brahmin Galli,
Jamner, Tq. Jamner Dist. Jalgaon. ...Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer (Senior Auditor)
Education Department, Jalgaon,
Tq. and Dist. Jalgaon. ...Respondents
WITH
WRIT PETITION NO. 15068 OF 2017
1. Madhukar s/o Mitharam Mali,
Age: 58 years, Occu: Service,
2. Jagannath s/o Lotan Mali,
Age: 50 years, Occu: service,
3. Sunil s/o Shankar Wasaikar,
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Age: 45 years, occu: Service,
All R/o. Nadurbar, Tq. and
Dist. Nandurbar.
4. Soma s/o Baburao Mahire,
Age: 48 years, Occu: Service,
5. Prakash s/o Gorakh Chaudhari,
Age: 52 years, Occu: Service,
Pet. Nos. 4 & 5 R/o. Purushottam
Nagar, Shahada, Tq. Shahada,
Dist. Nandurbar.
6. Suresh s/o Sudam Wanjari (Ghoti)
Age: 57 years, Occu: Service,
R/o. Lonkheda, Tq. Shahada,
Dist. Nandurbar.
7. Kailas s/o Bhila Nikumbh,
Age: 57 years, Occu: Service,
R/o. Nandurbar, Tq. & Dist. Nandurbar
8. Prakash s/o Baburao Kale,
Age: 45 years, Occu: Service,
R/o. Khudane, Tq. Sakri,
Dist. Dhule. ...Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Nandurbar.
3. The Education Ofcer (Secondary),
Zilla Parishad, Dhule.
4. The Accounts Ofcer (Senior Auditor)
Education Department, Nandurbar,
Tq. and Dist. Nandurbar.
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5. The Accounts Ofcer (Senior Auditor)
Education Department, Dhule,
Tq. and Dist. Dhule.
6. Swami Vivekanand High School,
Nandurbar, Tq. & Dist. Nandurbar.
Through its Headmaster.
7. Malmiki Madhyamik Vidyalaya,
Purushottam Nagar, Shahada,
Tq. Shahada, Dist. Nandurbar.
Through its Headmaster.
8. Shri Satpuda Vidyalaya, Lonkheda,
Tq. Shahada, Dist. Nandurbar.
Throught its Headmaster.
9. Kamla Nehru Kanya Vidyalaya and
Junior college, Nandurbar,
Tq. and Dist. Nandurbar.
Through its Headmaster.
10. Sarvajanik Madhyamik Vidyalaya,
Khudane, Tq. Sakri, Dist. Dhule.
Through its Headmaster ...Respondents
.....
Mr. Ajay D. Pawar, Advocate for petitioners
Mr. A. V. Deshmukh, Assistant Government Pleader for
respondents no. 1 to 3 and for respondents no. 1 to 5 in writ
petition no. 15068 of 2017
Mr. C. T. Jadhav, Advocate for respondents no. 4 and 5 in writ
petition no. 10955 of 2015
WITH
WRIT PETITION NO. 3012 OF 2013
Shri Ravindra Govinda Patil ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
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12 1945.17WP group
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer
(Education Department)
Zilla Parishad, Jalgaon,
WITH
WRIT PETITION NO. 4074 OF 2013
Shri. Mahadu s/o Bhika Nimbalkar
Age: 51 years, Occu. Service,
R/o: Vidyanagar, near Bhusawal
High School, Bhusawal,
Tq. Bhusawal, Dist. Jalgaon. ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer
(Education Department)
Zilla Parishad, Jalgaon,
WITH
WRIT PETITION NO. 4631 OF 2013
Rajendra s/o Tukaram Choudhari,
Age: 50 years, Occu. Service,
R/o: Vidyanagar, Near Bhusawal
High School, Bhusawal,
Tq. Bhusawal, Dist. Jalgaon. ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
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13 1945.17WP group
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer
(Education Department)
Zilla Parishad, Jalgaon,
WITH
WRIT PETITION NO. 6608 OF 2013
Shaikh Muslim Shaikh supdu Bagbhan
Age 47 years, Occupation- Service
Resident of Green Park,
Near Noorani Mosque, Khadka Road,
Bhusawal 425201 Dist. Jalgaon ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer
(Education Department)
Zilla Parishad, Jalgaon.
WITH
WRIT PETITION NO. 6860 OF 2013
1. Mrs. Prudence Ignatius D'souza
Age 57 years, Occupation- Service
Resident of Vila Adelaide,
Ambedkar Chowk, Bhusawal,
Tal. Thusawal, Dist. Jalgaon
2. Daniel frank Cutler
Age 53 years, Occupation- Service
Resident of Amardeep Compound,
Bhusawal, Tal. Bhusawal, Dist. Jalgaon ...Petitioners
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Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer
(Education Department)
Zilla Parishad, Jalgaon. ...Respondents
.....
Mr. S. D. Joshi, Advocate for petitioners
Mr. S. S. Dande, Assistant Government Pleader for respondents
no. 1 to 3
.....
WITH
WRIT PETITION NO. 5176 OF 2013
1. Shri Sudhakar Baburao Nile
Age 52 years, Occupation- Service
Resident of Near Z.T.S. Staf
Colony, Bhusawal
Tq. Bhusawal, Dist. Jalgaon
2. Shri Razak Khan Abbas Khan
Age 53 years, Occupation- Service
Resident of St. Aloysis High School
compound, Bhusawal, Dist. Jalgaon
3. Shri Gopal Phulsingh Patil
Age 52 years, Occupation- Service
Resident of block No. D-155,
8 Blocks, Bhusawal, Dist. Jalgaon ...Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
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15 1945.17WP group
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer
(Education Department)
Zilla Parishad, Jalgaon,
WITH
WRIT PETITION NO. 8858 OF 2013
Shri. Suresh Natthu Kolhe
Age 48 years, Occupation- Service
Resident of At. Post. Bamnod,
Tal. Yawal, Dist. Jalgaon ...Petitioner
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai-32
2. The Education Ofcer (Secondary),
Zilla Parishad, Jalgaon.
3. The Accounts Ofcer
(Education Department)
Zilla Parishad, Jalgaon. ...Respondents
.....
Mr. Siddhartha B. Yawalkar, Advocate for petitioners
Mr. S. S. Dande, Assistant Government Pleader for respondents
no. 1 to 3
WITH
WRIT PETITION NO. 11314 OF 2015
1. Ramesh s/o Vishwanath Mitkari
Age: 52 years, Occ: Service,
R/o. LIC Colony, Vidyanagar,
Latur, Tal and Dist. Latur
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2. Prakash s/o Shankarrao Pandit
Age: 63 years, Occ. Pensioner,
R/o Near Kante Oil Mill, Mantale
Nagar, Latur, Tq. & Dist. Latur
3. Uddhav s/o Nivrutti Maddewad
Age: 65 years, Occ. Pensioner,
R/o rakhumai Niwas, Near
Jaykranti College, Sitaram Nagar,
Latur, Tq. & Dist. Latur. ...Petitioners
Versus
1. The State of Maharashtra,
Through its Secretary,
Education Department,
Mantralaya, Mumbai.
2. The Education Ofcer (Primary),
Zilla Parishad, Latur,
Tal. And Dist: Latur
3. The Headmaster,
Vivekanand Primary School,
Labour Colony, Latur,
Tal and Dist. Latur. ...Respondents
.....
Mr. V. D. Gunale, Advocate for petitioners
Mr. S. S. Dande, Assistant Government Pleader for respondent
no. 1
Mr. P. R. Tandale, Advocate for respondent no. 2
Mr. A. N. Sabnis, Advocate for respondent no. 3
.....
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CORAM: SUNIL P. DESHMUKH &
S. M. GAVHANE, JJ.
DATE: 20th August, 2019
ORAL JUDGMENT (PER - SUNIL P. DESHMUKH, J.) :
1. Rule. Rule made returnable forthwith and heard fnally with consent of the learned counsel appearing for the parties.
2. Almost all the facts and circumstances in present group of writ petitions we are dealing with, are the same as involved in various petitions dealt with and disposed of by several division benches of this court at Nagpur and principal seat at Mumbai, save that present group of writ petitions relate to posts in class III and class-IV categories of non-teaching staf. The petitioners have been accorded their frst beneft of time bound promotion pay scale after completion of 12 years of qualifying service with efect from their initial date of appointments.
2. Present writ petitions have been moved as beneft of scheme of time bound promotion pay scale, which subsequently had been subsumed into Assured Career Progress Scheme (ACPS), had not been coming the way of petitioners. There is also no dispute that petitioners have been accorded their frst beneft under the scheme referred to above. It appears that ::: Uploaded on - 25/10/2019 ::: Downloaded on - 17/04/2020 08:40:55 ::: 18 1945.17WP group there is reluctance on the part of state government to extend second time bound beneft to those posts pursuant to further decision of the government under resolution dated 1 st April, 2010. Pursuant to said government resolution, the scheme is applicable to government employees and employees of zilla parishads.
3. Learned Assistant Government Pleaders purport to resist request of petitioners under present writ petitions, contending that resolution dated 1st April, 2010 extending the beneft for second time after completion of 24 years of qualifying service is applicable only to government and zilla parishad employees and would not cover non-teaching employees of aided / non-aided private schools and further referring to that it is necessary for education department to issue separate government resolution clarifying the benefciary group or as to whom it should be made applicable. It is mentioned, for isolated posts in respect of non-teaching staf, a separate government resolution dated 5 th July, 2010 has been issued by fnance department covering employees of the state government and zilla parishads and it is also not applicable to employees in private aided / non-aided schools.
. Learned Assistant Government Pleaders further contend that all staf including teaching and non-teaching gets the ::: Uploaded on - 25/10/2019 ::: Downloaded on - 17/04/2020 08:40:55 ::: 19 1945.17WP group beneft by virtue of government resolution issued by education department. They contend that government resolution extending beneft to non-teaching staf for second time higher pay scale after 24 years of qualifying service has not yet been issued by the education department. Learned Assistant Government Pleaders thus purport to resist the request under present writ petitions.
4. Learned counsel for petitioners submit that position emerges that present situation would not be said to be any longer res integra as a matter of fact in group of writ petitions bearing no. 334 of 2018 and other companion writ petitions, a division bench at principal seat under order dated 4 th October, 2018 has taken stock of the situation and has observed that as far as the beneft of the Assured Career Progress Scheme is concerned, the struggle of said class of employees seems to be unending. The division bench has in paragraphs no. 2, 3, 4 and 5, has observed, reading, thus, " 2 In so far as the whether the benefit of the Assured Career progression Scheme to the non teaching staff is concerned, the struggle of the said class of employees seems to be unending. The issue as to the applicability of the scheme to the non teaching staff was resolved at the first instance. Thereafter whether it could be made applicable to the unaided institutions was resolved and lastly whether the services put in the non aided section could be counted for computing the initial period of 12 years was resolved. It is after the aforesaid issues were resolved by orders passed by this court from time to time that the issue as to whether the second benefit i.e. after 24 years of service under the Assured ::: Uploaded on - 25/10/2019 ::: Downloaded on - 17/04/2020 08:40:55 ::: 20 1945.17WP group Career Progression Scheme could be given, raised its head. There is no dispute about the fact that all the petitioners have been given the first benefit i.e. the benefit after putting in 12 years of service and what remains to be given is therefore the second benefit after putting in 24 years of service. The said issue is no more res-intergra and is covered by the orders/judgments of this court in Writ Petition no. 922 of 2014 and Writ Petition no. 924 of 2014.
3 In Writ Petition No.922 of 2014 the relief sought was identical to the relief sought in the instant Petitions. The Learned AGP appearing in the said Writ Petition No.922 of 2014 had fairly conceded that the Petitioner in the said Writ Petition was identically situated as the Petitioner in Writ Petition No.6089 of 2013, in which an order dated 26-4-2013 came to be passed by a Division Bench of this Court by recording the statement of the Learned AGP that the said Writ Petition No.6089 of 2013 came to be allowed resulting in the benefit of the second promotion being granted to the Petitioners in the said Writ Petition No.922 of 2014. In so far as Writ Petition No.924 of 2014 is concerned, the factual basis can be said to be the same as in the instant Petitions. The said Writ Petition came to be allowed by a Division Bench of this Court by order dated 3-5-2017 relying upon the orders passed in Writ Petition No.2897 of 2012 dated 26-4-2012 and Writ Petition No.922 of 2014 i.e. the order dated 26-3-2015. The order passed in Writ Petition No.922 of 2014 is sought to be distinguished on the ground that the said order has been passed on the basis of a concession made by the Learned AGP. We are unable to countenance the said submission especially having regard to the fact that the factual basis in the said Writ Petition No.922 of 2014 is the same as in the instant Petitions. 4 In so far as Writ Petition No.924 of 2014 is concerned, there is absolutely no answer forthcoming as to why the said order is not applicable in the facts and circumstances of the present Writ Petition. Significantly an affidavit in reply is filed in the above Writ Petition No.334 of 2018. In paragraph 4 of the said affidavit, it is stated that on account of the loan waiver and incentive benefit scheme for the farmers, the State is expected to incur expenditure putting heavy burden on already stretched State Finances if the benefits of Assured Career Progression Scheme are extended, the same would adversely affect the infrastructure projects in sectors such as irrigation, power and transport. Hence the stand taken by the State Government is on account of the stretched State Finances i.e. on account of financial stringency ::: Uploaded on - 25/10/2019 ::: Downloaded on - 17/04/2020 08:40:55 ::: 21 1945.17WP group that the State Government would be facing and not based on any legal disentitlement of the Petitioners.
5 Having regard to the fact that there are already precedents by way of order passed in Writ Petition No.922 of 2014 and Writ Petition No.924 of 2014, we deem it appropriate to follow the said precedents. We are also informed by the Learned Counsel appearing on behalf of the Petitioners that the second benefit is already extended by the Higher Education Department by Government Resolution dated 15-2-2011 to the teaching staff, as also the teachers working in the School Education Department are getting the said benefit. We therefore find no reason as to why the said benefit cannot be extended to the Petitioners above named. The above Petitions are accordingly allowed to the extent of directing the Respondents to grant the second benefit after 24 years of service to the Petitioners, if they are entitled to the same. The same to be done within 8 weeks from date. Rule is accordingly made absolute in the aforesaid terms. ''
4. Learned Assistant Government Pleaders refer to that review of aforesaid order has been sought and, as such, suggesting to defer hearing of the matter.
5. However, this aspect had been gone into by a division bench of this court at Nagpur under order dated 15 th July, 2019 passed in writ petitions bearing no. 1188 of 2018 and 1179 of 2018 and has observed in paragraphs no. 4 and 5 thereof, reading, thus, '' 4. As a matter of record, this fact has also been noted by this Court while granting time to the State for obtaining any order in the proposed review application, if any, before the appropriate Court at Mumbai. This order was passed on 28 th February, 2019 and thereafter further time was granted to the State for producing on record any specific order. While, the review application has been filed, no order staying the effect and operation of the judgment dated 4th October, 2018 and several of similar judgments which constituted the precedent for the Division ::: Uploaded on - 25/10/2019 ::: Downloaded on - 17/04/2020 08:40:55 ::: 22 1945.17WP group Bench to follow in that case is passed. Therefore, now the time is ripe up for this Court to not allow any departure from the consistent line of precedents. The reply filed by the State, however, disputes any similarity of facts. But, we must say that such resistance is only for the sake of it is the facts discussed in the judgment dated 4th October, 2018 show that those facts are similar to the facts involved in this petition. In that judgment, the facts gave rise to an issue as to whether or not non-teaching staff could be granted second benefit under the Assured Career Progression Scheme after completion of 24 years of Service and it was answered in favour of the employees or the petitioners. Same issue is also involved in this petition and, therefore, the resistance put up by the State Government is seen by us only as being something like opposing the case for the sake of it.
5. In view of above, we are inclined to allow this petition only to the extent of allowing of second benefit to the petitioners under the Assured Career Progression Scheme after completion of 24 years of their respective service, provided they are otherwise eligible for it. "
5. Having regard to the undeniable position that the facts and circumstances involved in the present group of writ petitions are not distinguishable, while beneft is extended even to single isolated posts under government resolution dated 5 th July, 2010, it would be appropriate to give similar treatment to present writ petitions. Hence, we pass the following order, ORDER I) The petitioners would be allowed second time beneft under Assured Career Progress Scheme as well on completion of 24 years service, provided otherwise petitioners are eligible in the terms of Government resolutions dated 1st April, 2010 and 5th July, 2010.
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23 1945.17WP group II) The benefts as referred to above be made available to the petitioners along with arrears within a period of six (6) months from the date of receipt of writ of order of this court.
III) Rule made absolute accordingly.
IV) Writ petitions are disposed of.
[ S. M. GAVHANE ] [ SUNIL P. DESHMUKH ]
JUDGE JUDGE
vdk
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