0508cp183.10.odt 1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO.183 OF 2010 IN WRIT PETITION NO.1434 OF 2009 (D) PETITIONER : Sriniwas s/o Parshuramji Meshram, aged 64 years, Occu: Retired, R/o Gautam Chowk Sindeweani, Dist. Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. CONTEMPT PETITION NO.176 OF 2010 IN WRIT PETITION NO.2031 OF 2009 (D) PETITIONER : Keshav s/o Konduji Dahule, aged 63 years, Occu: Retired, R/o Ambarai Ward, Rajura, Distt.Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. 0508cp183.10.odt 2 CONTEMPT PETITION NO.177 OF 2010 IN WRIT PETITION NO.1418 OF 2009 (D) PETITIONER : Nilkantha s/o Kashiram Karambhe, aged 63 years, Occu: Retired, R/o Ward No.7,Mul Distt.Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. CONTEMPT PETITION NO.178 OF 2010 IN WRIT PETITION NO.2037 OF 2009 (D) PETITIONER : Tulsiram s/o Ganbaji Kamde, Aged 65 years, Occu: Retired, R/o Jaiswal Colony, Sindeweahi, Distt. Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. 0508cp183.10.odt 3 CONTEMPT PETITION NO.179 OF 2010 IN WRIT PETITION NO.1452 OF 2009 (D) PETITIONER : Maroti s/o Wasudeo Magare, Aged 64 years, Occu: Retired, R/o Lalaji Bhavan, Plot No.30, Khat Road, Bhandara. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. CONTEMPT PETITION NO.180 OF 2010 IN WRIT PETITION NO.1261 OF 2009 (D) PETITIONER : Jeevan s/o Mahadeorao Manapure, aged 63 years, Occu: Retired, R/o Vidya Nagar, Bramhapuri, Distt. Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. 0508cp183.10.odt 4 CONTEMPT PETITION NO.181 OF 2010 IN WRIT PETITION NO.1441 OF 2009 (D) PETITIONER : Bhagwan s/o Ramchandra Sakharkar, aged 62 years, Occu: Retired, R/o Bramhapuri, Distt.Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. CONTEMPT PETITION NO.182 OF 2010 IN WRIT PETITION NO.2038 OF 2009 (D) PETITIONER : Baburao s/o Sakharam Thombare, aged 66 years, Occu: Retired, R/o Ram Nagar, Rajura, Distt.Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. 0508cp183.10.odt 5 CONTEMPT PETITION NO.223 OF 2010 IN WRIT PETITION NO.2042 OF 2009 (D) PETITIONER : Nagoba s/o Rambhau Goje, aged 67 years, R/o Ward No.11, Somnath Road, Mul, Distt.Chandrapur. ... VERSUS ... RESPONDENTS : 1. Shri A.R.Shinde, the Chief Executive Officer, Zilla Parishad, Chandrapur. 2. Shri Sudhir Thakre, Secretary, Department of Rural Development and Water Conservation, Government of Maharashtra, Mantralaya, Mumbai – 32. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=- Mr. P.D.Meghe, Advocate for the petitioner. Mr. M.M.Sudame, Advocate for the respondent no.1. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : R.M.SAVANT, J. DATED : 5th August, 2011. P.C. 1. The cause for filing the above Contempt Petitions to the petitioners is the alleged non-compliance of the judgment and Order dated 27/1/2010 passed by the Division Bench of this Court in Writ Petition NO.1434 of 2009. The non-compliance as alleged is referable to clause (III) of the said order which is reproduced herein under - 0508cp183.10.odt 6 “(III) The petitioner be granted the benefit of scale of pay given to any one amongst the juniors to the petitioner to whom the benefit is given through the order dated 12th Feb.2008 (Annex.J. to the petition), and should be given the all and same benefits as given to such junior candidate who is similarly placed, and was given the benefit only because he was in the employment on the date of passing of order or allotment of posts.” 2. Breach and violation of the said clause is sought to be demonstrated by the petitioners in the above petitions by referring to the order dated 12/2/2008 issued by the respondent – Zilla Parishad. In terms of the said order, the petitioners above named, whose names are appearing in the said list, were to be granted the Scale of the Junior Engineer from 1/10/1994. However, according to the petitioners, though the said date has been mentioned, the Scale has not been granted in asmuch as the arrears have not been paid to the petitioners. It is further the case of the petitioners that the persons, who were junior, namely; one K.K.Tonge, Mr.D.R.Kud and Mr.S.N.Ghonmode have been granted the arrears in wages . In support of the same, the petitioners rely upon the document which they have procured under the Right to Information Act dated 15/12/2010 issued by the Zilla Parishad. The said document inter alia discloses that Shri D.R.Kud is paid 0508cp183.10.odt 7 Rs.2,63,561/-, Shri Tonge Rs.4,78,829/- and Shri S.N.Ghonmode Rs.93,903/- on 22/10/2008, 8/9/2008 and 5/9/2008 respectively. It is, therefore, the case of the petitioners that though the petitioners in terms clause (III) of the said Judgment and Order dated 27/1/2010 were to be granted scale of pay and benefits granted to any one amongst the juniors, they have not been so granted though their juniors have been granted the arrears. 3. The learned counsel for the respondent – Zilla Parishad, Shri Sudame had sought time to take instructions. When the matter is called out today, the learned counsel Shri Sudame tendered five documents i.e. letter dated 22/6/2007 addressed by the Under Secretary Rural Development and Water Conservation Department, Government of Maharashtra which letter is addressed to Divisional Commissioner and Chief Executive Officer of the Zilla Parishad, the letter dated 29th September, 2008, addressed by the same Officer to the Divisional Commissioner, the letter dated 5/2/2009 issued by the Deputy Chief Officer of the Zilla Parishad, Chandrapur addressed to the various functionaries in the Zilla Parishad, the letter dated 31/1/2011 issued by Senior Accountant Officer, Zilla Parishad addressed to Block Development Officer, Panchayat Samiti Bramhapuri and the Order 0508cp183.10.odt 8 dated 29/4/2011 passed by Senior Accountant Officer, Zilla Parishad Chandrapur. The undertone of the said letters is that the arrears on account of the employees being granted the higher scale of pay after the period of 12 years of service should not be paid until it is ascertained that they fulfill the conditions which are mentioned in the letter dated 5/02/2009 issued by the Deputy Chief Officer. The Government though has accepted the grant of the scale of Junior Engineer to the persons who had worked for 12 years as Muster Clerk’s/Mistri’s by communication dated 29th September, 2008 has specifically informed that the arrears should not be granted to such persons. The learned counsel Shri Sudame would, therefore, contend that though some persons have been granted the higher scale in terms of the conditions of the State Government, the Zilla Parishad has taken steps to recover the amounts which have been paid and in support thereof has tendered the document dated 31/1/2011 wherein the deduction from the pensionary benefits is sought to be made in respect of the persons who have been granted the arrears. However, Shri Meghe, the learned counsel for the petitioners states that in respect of the said three persons no recovery has as yet been made. 4. In view of the fact that by the directions of the State Government, the arrears were not required to be paid and if paid 0508cp183.10.odt 9 the same are to be recovered, in my view, there is no substance in the said case of the petitioners that their juniors have been granted the benefits of arrears and that they have been denied the same. In my view, it is for the Zilla Parishad to take appropriate action as it deems fit in terms of the directions of the State Government as well as its own letter dated 5/2/2009. 5. The question remains as regards the petitioners’ entitlement to the retiral benefits on the basis of revised pay scale as applicable to the Junior Engineer. Undoubtedly, the petitioners would be entitled to all the benefits of the pay scale as would be applicable to the said post of Junior Engineer including the revision in pension and gratuity and other retiral benefits on the basis of the said revised pay. The learned counsel for the Zilla Parishad Shri Sudame fairly states that if there is such an entitlement of the petitioners, the same would be given to the petitioners at the time of the deposit of the next pensionary dues i.e. for the month of September, 2011. It is expected of the Zilla Parishad, which is a public body, that it would treat all the employees on par and would not discriminate merely because the petitioners have retired. It is further hoped and expected that the petitioners would not be driven to approach this court once again. With the aforesaid observations, the above Contempt 0508cp183.10.odt 10 Petitions are disposed of. 6. The documents i.e. letter dated 22/6/2007 addressed by the under Secretary Rural Development and Water Conservation Department, Government of Maharashtra which letter is addressed to Divisional Commissioner and Chief Executive Officer of the Zilla Parishad, the letter dated 29th September, 2008, addressed by the same Officer to the Divisional Commissioner and the letter dated 5/2/2009 issued by the Deputy Chief Officer of the Zilla Parishad, Chandrapur addressed to the various functionaries in the Zilla Parishad, the letter dated 31/1/2011 issued by Senior Accountant Officer, Zilla Parishad addressed to Block Development Officer, Panchayat Samiti Bramhapuri and the Order dated 29/4/2011 passed by Senior Accountant Officer, Zilla Parishad Chandrapur are taken on record and marked as V, W, X, Y and Z respectively for identification. JUDGE chute