(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6830 OF 2010 Arjun s/o. Narsing Chavan, Age : 38 years, Occupation : Service, R/o. At Post Ghanegaon Tanda, Taluka : Soyagaon, District : Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through Secretary, Social Justice Department, Mantralaya, Mumbai-32. 2. The Director, Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, Maharashtra State, Pune. 3. Special District Social Welfare Officer, Aurangabad, District : Aurangabad. .. Respondents. ....................... Mr. A.D. Pawar, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 3. ........................ (2) WITH WRIT PETITION NO. 6831 OF 2010 1. Dhanraj s/o. Supdu Patil, Age : 35 years, Occupation : Service, R/o. At Post Udane, Taluka & District : Dhule. 2. Bharat s/o. Jagannath Garde, Age : 36 years, Occupation : Service, R/o. At Post Balhane, Taluka & District : Dhule. versus 1. The State of Maharashtra, Through Secretary, Social Justice Department, Mantralaya, Mumbai-32. 2. The Director, Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, Maharashtra State, Pune. 3. Special District Social Welfare Officer, Dhule District : Dhule .. Respondents. ....................... (3) Mr. A.D. Pawar, Advocate, for the petitioners. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.1 to 3. ........................ WITH WRIT PETITION NO. 6900 OF 2010 1. Shaktiraj s/o. Dilip Patil, Age : 25 years, Occupation : Service, R/o. At Post Varkhede (Bk.), Taluka : Chalisgaon, District : Jalgaon. 2. Vilas s/o. Ananda Patil, Age : 40 years, Occupation : Service, R/o. Nadgaon, Taluka : Bodwad, District : Jalgaon. 3. Prafulla s/o. Arun Patil, Age : 28 years, Occupation : Service, R/o. Kekat Nimbhora, Taluka : Jamner, District : Jalgaon. .. Petitioners. versus 1. The State of Maharashtra, Through Secretary, Social Justice Department, Mantralaya, Mumbai-32. (4) 2. The Director, Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, Maharashtra State, Pune. 3. Special District Social Welfare Officer, Jalgaon, Near Akashwani Kendra, Central Administrative Building, First Floor, Jalgaon, District : Jalgaon. .. Respondents. ....................... Mr. A.D. Pawar, Advocate, for the petitioners. Mr. K.M. Suryawanshi, Assistant Government Pleader, for respondent nos.1 to 3. ........................ WITH WRIT PETITION NO. 8395 OF 2010 Satish s/o. Zhuga Sarak, Age : 34 years, Occupation : Service, R/o. At Icchapur, Post : Vasmar, Taluka : Sakri, District : Dhule. .. Petitioner. versus (5) 1. The State of Maharashtra, Through Secretary, Social Justice Department, Mantralaya, Mumbai-32. 2. The Director, Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, Maharashtra State, Pune. 3. Special District Social Welfare Officer, Dhule District : Dhule .. Respondents. ....................... Mr. A.D. Pawar, Advocate, for the petitioner. Mr. N.B. Patil, Assistant Government Pleader, for respondent nos.1 to 3. ........................ WITH WRIT PETITION NO. 8870 OF 2010 Kailas s/o. Santosh Patil, Age : 38 years, Occupation : Service, R/o. At Post Varshi, Taluka : Shindhkheda, District : Dhule. .. Petitioner. versus (6) 1. The State of Maharashtra, Through Secretary, Social Justice Department, Mantralaya, Mumbai-32. 2. The Director, Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, Maharashtra State, Pune. 3. Special District Social Welfare Officer, Dhule District : Dhule .. Respondents. ....................... Mr. A.D. Pawar, Advocate, for the petitioner. Mrs. A.V. Gondhalekar, Assistant Government Pleader, for respondent nos.1 to 3. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 30TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. These petitions have been filed by the present (7) petitioners, seeking directions to the respondents, to consider their claim for payment of monetary benefits of the post of selection grade having higher pay scale. 3. The Division Bench of this court, in an unreported judgment dated 4th November 2009, in the case of Sahebrao Karbhari Gunjal & others Vs. The State of Maharashtra & others, in Writ Petition No. 1491 of 2001, has held that clauses (2) and (3) of Corrigendum dated 3rd April 2007 of Government Resolution dated 18th September 2000 are unreasonable and unconstitutional to the extent of disparity between Hostel Superintendents of Ashram Schools recognized by the Tribal Development Department and Social Justice Department. In that view of the matter, we are inclined to allow the petitions. 4. In the result, the petitions are allowed. The respondents are directed to consider the claim of the petitioners, in the light of the law laid down by the Division Bench of this court in the judgment dated 4th November 2009, in the case of Sahebrao Karbhari Gunjal & others Vs. The State of Maharashtra & others, in Writ Petition No. 1491 of 2001, and decide the same as expeditiously as possible and, in any case, within a period of three months from today. It is further made clear, that if the petitioners are found to be entitled to the (8) payment of higher scale, such payment shall be made applicable within a period of four weeks from the date of decision of the respondents and the arrears, if any, shall be paid within a period of eight weeks from the date of decision. 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp6830etc