Bombay High Court
Baburao S/O Sampat Uikey And Others vs The State Of Maharashtra, Through The ... on 28 August, 2019
Author: R.K. Deshpande
Bench: R.K. Deshpande, Vinay Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION Nos. 3484, 3485, 3486 & 3487 OF 2019.
***
WRIT PETITION NO.3484/2019.
1.Baban s/o Sitaram Tidake,
Aged about 59 years, Occupation - Service,
c/o. Chaitainya Vidyalay, manegaon Bazar,
District Bhandara.
2.Bhaskar s/o Tukaram Kawale,
Aged about 58 years, Occupation - Service,
c/o. Samarth Junior College,
Lakhni, District Bhandara.
3.Prabhakar s/o Harichandra Mankar,
Aged about 57 years, Occupation - Service,
c/o. Gnyaneshwar Vidhyalay, Salebhata,
District Bhandara.
4.Ramprasad s/o Ramchandra Pardhi,
Aged about 53 years, Occupation - Service,
c/o. Gram Vikash High School, Hardoli
District Bhandara.
5.Madan s/o Mangaru Kumbhare,
Aged about 52 years, Occupation - Service,
c/o. Sewakram paradhi Memorial
High School, Temni,
District Bhandara.
6.Purushottam s/o Chintaman Bangre,
Aged about 50 years, Occupation - Service,
c/o. Adarsha Vidhylay, Sihora,
District Bhandara.
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7.Pralhad s/o Bhuraji Mangare,
Aged about 48 years, Occupation - Service,
c/o. Vilas Vidhylay, Bhawad,
District Bhandara.
8.Sitaram s/o Bhiwaji Dighore,
Aged about 45 years, Occupation - Service,
c/o. Vilas Vidhylay Bhawad,
District Bhandara.
9.Lekhram s/o Shriram Chichamalkar,
Aged about 52 years, Occupation - Service,
c/o. Vilas Vidhylay, Bhawad,
District Bhandara.
10.Raju s/o Kawluji Sontakke,
Aged about 51 years, Occupation - Service,
c/o. Sidharth Art and Science College,
Lakhandur, District Bhandara.
11.Murlidhar s/o Tukaram Gaikwad,
Aged about 53 years, Occupation - Service,
c/o. Sidharth Art and Science College,
Lakhandur, District Bhandara.
12.Chiramji s/o Ramaji Wasnik,
Aged about 54 years, Occupation - Service,
c/o. Shivaji Vidhyalay Lakhandur,
District Bhandara.
13.Manohar s/o Ganpat Bhagadkar,
Aged about 53 years, Occupation - Service,
c/o. Shivaji Vidhyalay, Lakhandur,
District Bhandara.
14.Gunwant s/o Vishwanath Chitriv,
Aged about 57 years, Occupation - Service,
c/o. Lokmanya Vidhylay Soni/Chaprad,
District Bhandara.
15.Anil s/o Mahadeo Deshmukh,
Aged about 47 years, Occupation - Service,
c/o. Lokmanya Vidhylay, Soni/Charprad,
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District Bhandara.
16.Mangal s/o Ghusaji Khandekar,
Aged about 58 years, Occupation - Service,
c/o. Kasturba Gandhi Vidhyalay,
Channa, District Bhandara.
17.Aba s/o Bajirao Diwate,
Aged about 52 years, Occupation - Service,
c/o. Shivaji Vidhyalay, Itan,
District Bhandara.
18.Gajanan s/o Tatuji Meshram,
Aged about 55 years, Occupation - Service,
c/o. Shivaji Vidhyalay, Itan,
District Bhandara.
19.Prabhakar s/o Duliram Kamane,
Aged about 58 years, Occupation Service,
c/o Late Shankarrao kale Junior College,
Kardha, District Bhandara. ... PETITIONERS.
VERSUS
1.The State of Maharashtra,
through the Secretary, School Education
Department, Mantralaya,
Mumbai 400 032.
2.The Principal Secretary,
Finance Department, Government of
Maharashtra, Mantralaya,
Mumbai 400 032.
3.The Director of Education,
[Secondary and Higher Secondary]
Maharashtra State, Pune -1.
4.Education Officer (Secondary),
Zilla Parishad, Bhandara,
Tq. and District Bhandara. ... RESPONDENTS.
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WITH
WRIT PETITION NO.3485/2019.
1.Narayan s/o Arjun Shende,
Aged about 52 years, Occupation - Service,
r/o. Kasturba Gandhi Vidyalaya, Channa,
District Bhandara.
2.Maroti Ramaji Raghorte,
Aged about 58 years, Occupation - Service,
r/o. Kasturba Gandhi Vidyalaya, Channa,
District Bhandara.
3.Dhananjay Mahadev Sakharwade,
Aged about 47 years, Occupation - Service,
r/o. Shri Gurudev High School, Ashti
Tahsil Tumsar, District Bhandara.
4.Purushottam Sopal Khobragade,
Aged about 57 years, Occupation - Service,
r/o. Shri Gurudev High School, Ashti
Tahsil Tumsar, District Bhandara.
5.Lekchand Sundar Gaupale,
Aged about 53 years, Occupation - Service,
r/o. Shri Gurudev High School, Ashti
Tahsil Tumsar, District Bhandara.
6.Pralhad Namdeo Kumbhare,
Aged about 54 years, Occupation - Service,
r/o. Shri Gurudev High School, Ashti
Tahsil Tumsar, District Bhandara.
7.Nilkant Hiraman Kotangale,
Aged about 57 years, Occupation - Service,
r/o. Nasikrao Vidyalaya Satalwada,
Tah. Sakoli, District Bhandara.
8.Ramesh Nilkanth Parate,
Aged about 50 years, Occupation - Service,
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r/o. Paresh high School Kinhi-Mokhe,
Tah. Sakoli, District Bhandara.
9.Omprakash Rajaram Bansod,
Aged about 48 years, Occupation - Service,
r/o. Paresh high School Kinhi-Mokhe,
Tah. Sakoli, District Bhandara.
10.Namdeo Mahadeo Rehpade,
Aged about 56 years, Occupation - Service,
r/o. Vinod High School Gose,
Tah. Pavni, District Bhandara.
11.Shankar Dashrath Padole,
Aged about 58 years, Occupation - Service,
r/o. Lokseva Vidyalaya Panchgaon,
Tah. Mohadi, District Bhandara.
12.Chaitram Sahadeo Gajbhiye,
Aged about 52 years, Occupation - Service,
r/o. Lokseva Vidyalaya Panchgaon,
Tah. Mohadi, District Bhandara.
13.Suryabhan Dashrath Tandekar,
Aged about 52 years, Occupation - Service,
r/o. Lokseva Vidyalaya Panchgaon,
Tah. Mohadi, District Bhandara.
14.Yuvraj Nakatu Munjewar,
Aged about 57 years, Occupation - Service,
r/o. Navprabhat High School, Varthi,
Tah. Mohadi, District Bhandara.
15.Jaideo Mahadeo Kambale,
Aged about 45 years, Occupation - Service,
r/o. Vidarbha Housing Society, Bhandara.
Bansilal Lahoti Nutan Maharashtra\Vidyalaya, Bhandara.
16.Dilip Subhelal Tandekar,
Aged about 50 years, Occupation - Service,
r/o. Mahatama Gandhi Ward, Bhandara.
Bansilal Lahoti Nutan Maharashtra Vidyalaya,
Bhandara.
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17.Namdeo Sitaram Dhakate,
Aged about 47 years, Occupation - Service,
r/o. Pachkhedi, Bansilal Lahoti Nutan
Maharashtra Vidyalaya, Bhandara.
18.Manojkumar Fulchand Bopche,
Aged about 53 years, Occupation - Service,
r/o. Vidarbha Housing Society, Bhandara.
Bansilal Lahoti Nutan Maharashtra
Vidyalaya, Bhandara.
19.Shankar Sitaramji Hatwar,
Aged about 58 years, Occupation Service,
r/o Sadarsh Vidyalay Minsi,
Tahsil Pavni, District Bhandara.
20.Rohidas Dasharath Kharkate,
Aged about 53 years, Occupation - Service,
r/o. Shri Pagaji Vidyalay, Kolari,
Tahsil Lakhani, District Bhandara.
21.Pramod Kewalram Funde,
Aged about 48 years, Occupation - Service,
r/o. Rajubhai Bhendarkar, Kanya
Vidyalaya, Asgaon, Tah. Pavni,
District Bhandara.
22.Ravindranath Joshiram Goupale,
Aged about 56 years, Occupation Service,
r/o Saraswati Vidyalaya, Nakadongari,
Tahsil Tumsar, District Bhandara. ... PETITIONERS.
VERSUS
1.The State of Maharashtra,
through the Secretary, School Education
Department, Mantralaya,
Mumbai 400 032.
2.The Principal Secretary,
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Finance Department, Government of
Maharashtra, Mantralaya,
Mumbai 400 032.
3.The Director of Education,
[Secondary and Higher Secondary]
Maharashtra State, Pune -1.
4.Education Officer (Secondary),
Zilla Parishad, Bhandara,
Tq. and District Bhandara. ... RESPONDENTS.
WITH
WRIT PETITION NO.3486/2019.
1.Vishnu Narayan Balpande,
Aged about 46 years, Occupation - Service,
r/o. Shri Dadaji Dhuniwale High School,
Wai (Khurd), Tah. Warud,
District Amravati.
2.Arvind Vitthalrao Deshmukh,
Aged about 49 years, Occupation - Service,
r/o. Jagrut Vidyalaya, Warud,
Tahsil Warud, District Amravati.
3.Gulab Laxmanrao Yawale,
Aged about 58 years, Occupation - Service,
r/o. r/o. Jagrut Vidyalaya, Warud,
Tahsil Warud, District Amravati.
4.Hiralal Shyamraoji Thelkar,
Aged about 53 years, Occupation - Service,
r/o. r/o. Jagrut Vidyalaya, Warud,
Tahsil Warud, District Amravati.
5.Ramkrushna Santoshrao Thakare,
Aged about 55 years, Occupation - Service,
r/o. r/o. Jagrut Vidyalaya, Ekdhara,
c/o. Wadala, Post Pawani (SK),
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Tahsil Warud, District Amravati.
6.Suresh Kisanrao Chaudhari,
Aged about 57 years, Occupation - Service,
r/o. Keshavrao Lande Vidyalaya,
Benoda,
Tahsil Warud, District Amravati.
7.Manohar Onkarrao Bambal,
Aged about 54 years, Occupation - Service,
r/o. Keshavrao Lande Vidyalaya, Benoda,
Tahsil Warud, District Amravati.
8.Bhagwat Rambhauji Pawar,
Aged about 53 years, Occupation - Service,
r/o. Mahatama Fule Madhyamik Vidyalaya,
Dhanodi, Tahsil Warud, District Amravati.
9.Suresh Mahadeorao Takarkhede,
Aged about 56 years, Occupation - Service,
r/o. Mahatama Fule Madhyamik Vidyalaya,
Dhanodi, Tahsil Warud, District Amravati.
10.Rangrao Shankarrao Kuyate,
Aged about 48 years, Occupation - Service,
r/o. Mahatama Fule Madhyamik Vidyalaya,
Dhanodi, Tahsil Warud, District Amravati.
11.Liladhar Vitthalrao Kadhe,
Aged about 45 years, Occupation - Service,
r/o. Mahatama Fule Madhyamik Vidyalaya,
Dhanodi, Tahsil Warud, District Amravati. ... PETITIONERS.
VERSUS
1.The State of Maharashtra,
through the Secretary, School Education
Department, Mantralaya,
Mumbai 400 032.
2.The Principal Secretary,
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Finance Department, Government of
Maharashtra, Mantralaya,
Mumbai 400 032.
3.The Director of Education,
[Secondary and Higher Secondary]
Maharashtra State, Pune -1.
4.Education Officer (Secondary),
Zilla Parishad, Amravati,
Tq. and District Amravati. ... RESPONDENTS.
AND
WRIT PETITION NO.3487/2019.
1.Baburao s/o Sampat Uikey,
Aged about 46 years, Occupation - Service,
r/o. C/o. Krushnamurari Katkwar High
School, Sakoli, District Bhandara.
2.Bakaram s/o Bhikaram Patle,
Aged about 55 years, Occupation - Service,
r/o. C/o. Krushnamurari Katkwar High
School, Sakoli, District Bhandara.
3.Ramdas s/o Ramaji Shahare,
Aged about 53 years, Occupation - Service,
r/o. C/o. Krushnamurari Katkwar High
School, Sakoli, District Bhandara.
4.Md. Mustafa Md. Rafik Sheikh,
Aged about 56 years, Occupation - Service,
r/o. C/o. Krushnamurari Katkwar High
School, Sakoli, District Bhandara.
5.Vilas s/o Ramchandra Deshkar,
Aged about 49 years, Occupation - Service,
r/o. c/o. Vainganga Vidhyalay Pauni,
District Bhandara.
6.Narayan s/o Dashrath Gabhane,
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Aged about 56 years, Occupation - Service,
r/o. C/o Vainganga Vdhyalay Pauni,
District Bhandara.
7.Kisan Karuji Kumbhare,
Aged about 59 years, Occupation - Service,
r/o. C/o. Ujwal Vidhyalay, Lakhori,
District Bhandara.
8.Namdeo s/o Gopalrao Mutkure,
Aged about 48 years, Occupation - Service,
r/o. C/o. Ujwal Vidhyalay, Lakhori
District Bhandara.
9.Rajesh s/o Pundlikrao Gajbhiye,
Aged about 49 years, Occupation - Service,
r/o. C/o. Samarth Vidhyalay,
Lakhani, District Bhandara.
10.Vinayak s/o Parasram Chetule,
Aged about 50 years, Occupation - Service,
r/o. C/o. Raoji Fate Vidhylay Kharasi,
District Bhandara.
11Vinayak s/o Aasaram Goswami,
Aged about 49 years, Occupation - Service,
r/o. C/o Raoji Fate Vidyalay,
Kharasi, District Bhandara.
12.Suraj s/o Hiraman Nandeshwar,
Aged about 53 years, Occupation Service,
r/o. C/o. Kamai Karanjekar Vidhylay
Ekodi /Bampewada, District Bhandara.
13.Ganesh s/o Anandrao Chakole,
Aged about 54 years, Occupation Service,
r/o. C/o. Anand High School, Gadegaon,
District Bhandara.
14.Ramesh s/o shrawan Thaokar,
Aged about 56 years, Occupation Service,
r/o. C/o. Sulochanadevi Pardhi Vidhyalay,
Mohadi, District Bhandara.
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15.Maroti s/o Ramchandra Bondre,
Aged about 59 years, Occupation Service,
r/o. C/o. Sulochanadevi Pardhi Vidhyalay,
Mohadi, District Bhandara.
16.Shriram Chindhuji Shambharkar,
Aged about 58 years, Occupation Service,
Bhagiratha Bhnaskar High School,
Bhandara. . ... PETITIONERS.
VERSUS
1.The State of Maharashtra,
through the Secretary, School Education
Department, Mantralaya,
Mumbai 400 032.
2.The Principal Secretary,
Finance Department, Government of
Maharashtra, Mantralaya,
Mumbai 400 032.
3.The Director of Education,
[Secondary and Higher Secondary]
Maharashtra State, Pune -1.
4.Education Officer (Secondary),
Zilla Parishad, Bhandara,
Tq. and District Bhandara. ... RESPONDENTS.
-----------
Ms. P. Chaudhari, Advocate h/f. Shri A.Sambre,
Advocate for Petitioners.
Shri A.S. Fulzele, Addl.G.P for the Respondents.
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CORAM : R.K. DESHPANDE &
VINAY JOSHI, JJ.
DATE : AUGUST 28, 2019
ORAL JUDGMENT (PER R.K. DESHPANDE, J.) :
Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.
2. On the last occasion, the Education Officer (Secondary) was added as party respondent to present petitions, and a statement was required to be made on his behalf, as to whether the controversy involved in these matters, is covered by the decision of this Court on 15.07.2019 in Writ Petition No. 1188/2018, which is placed on record of Writ Petition No. 3484/2019 along with Pursis dated 07.08.2019. This decision follow the judgment in Writ Petition No.334/2018 decided on 04.10.2018.
3. Learned Additional Government Pleader, on instructions, informs that the present Writ Petitions are also covered by the aforesaid decision of this Court.
4. In view of above, for the reasons recorded in the said judgment delivered by this Court on 04.10.2018 and other ::: Uploaded on - 05/09/2019 ::: Downloaded on - 17/04/2020 22:14:10 ::: Judgment wp3484.19 13 connected matters, these Writ Petitions are also allowed and following order is being passed.
5. It is directed that the petitioners in all the petitions be granted benefits together with arrears, as per the Assured Career Progression Scheme after completion of 24 years of respective service, provided they are otherwise eligible for the same, in terms of G.R. dated 01.04.2010, within six months from the date of receipt of the order.
6. Rule is made absolute in the aforesaid terms, with no order as to cost.
JUDGE JUDGE
Rgd.
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