WP/11136/2010 (Group) 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11136 OF 2010 1. Ajmal Kisan Rathod, Age 46 Years, occ. Service R/o Nagav Hill, Primary Ashram School, Deopur, Dhule. 2. Anil Narayan Patil, Age 32 years, Occ. Service R/o Kalkhede, Tq. and District Dhule. ..Petitioners 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. ... Shri A.D.Pawar, Advocate for the petitioners and Smt. A.V.Gondhalekar, AGP for respondents. ... WITH WRIT PETITION NO.10529 OF 2010 1. Vitthal Dhehu Chavan, Age 39 years, occ. Service R/o At Post Kanadi Borgaon, Tq. and District Latur. 2. Dnyanoba Vitthalrao Uparwad Age 41 years, Occ. service R/o AT Rui Tanda, Post. Sagvi, WP/11136/2010 (Group) 2 (Sunegaon) Tq. Ahmedpur, District Latur. 3. Ram Madhavrao Kawade, Age 36 years, Occ. Service R/o Chincholiraowadi (Karkhana), Barshi Road, Tq. and Dist. Latur. 4.Sadanand Kamaji Kapure, Age 45 years, Occ. Service R/o Kolpa Tanda, Taluka & District Latur. 5.Gulab Mahetabsab Shaikh, AGe 40 years, Occ. Service R.o Chincolirao, Taluka and District Latur. 6. Rajubhau Uttam Pawar, Age 35 years, Occ. Service R/o Sattardharwadi, Tq.Ausa, Dist. Latur. ..Petitioners 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, Latur District :Latur ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioners and Shri V.H.Dighe, AGP for respondents. ... WITH WRIT PETITION NO.10530 OF 2010 WP/11136/2010 (Group) 3 1. Bhailal Desa Rathod, Age 37 years, Occ. Service R/o at Post Rani Kuchegaon, Tq. Ghansangvi, Dist.Jalna. 2. Bhanudas Manikrao Bargaje Age 36 years, Occ. Service R/o Keligavan, Tq.Badnapur, District Jalna. 3. Sanjay Waluba Gayke Age 34 years, occ. Service R/o Dhawada, Tq. Bhokardan, District Jalna. 4. Pratap Appasaheb Danwe, Age 27 years, occ. service r/o Mahora, Tq. Jafrabad, District Jalna. 5.Prabhu Walmik Pawar, Age 37 years, Occ. Service R/o Tupewadi, Tq. Badnapur, District Jalna. 6.Haridas Khushalrao Ghuge, Age 38 years, occ. service R/o Dhamangaon, Tq.Badnapur, District Jalna. 7.Rajaram Shankarrao Gore, Age 35 years, occ. service R/o Anvi, Tq.Badnapur, District Jalna. 8. Naibrao Bapu Tayade Age 45 years, Occ. Service R/o at Vadgaon, Post Vakhari Taluka and Dist. Jalna. ..Petitioners VERSUS 1. The State of Maharashtra, Through Secretary, Social Justice Department, Mantralaya, Mumbai-32. 2. The Director, Vimukta Jati Nomadic Tribe, WP/11136/2010 (Group) 4 Other Backward Class, Special Backward Class, Maharashtra State, Pune. 3. Special District Social Welfare Officer, Jalna District :Jalna ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioners and Shri N.B.Patil, AGP for respondents. ... WITH WRIT PETITION NO.10531 OF 2010 1. Murlidhar Kashiram Chavan, Age 42 years, Occ. Service R/o Shivajinagar, Parli Vaijanath Tq. Parali, District Beed. 2. Vishnu Vaijnath Phad, Age 32 years, Occ. Service, R/o Shri Sant Tukaram Nagar (Wadsavitri) Parli Vaijanath District Beed. 3.Ramesh Jaiwantrao Chandanshive, Age 32 years, Occ. Service, r/o Lendewadi, Tq. Parali, District Beed. 4.Tukaram Baliram Daund, Age 29 years, Occ. Service R/o Shivajinagar, Parli Vaijanath District Beed. ..Petitioners 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. WP/11136/2010 (Group) 5 3. Special District Social Welfare Officer,Beed, District :Beed ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioners and Shri N.B.Patil, AGP for respondents. ... WITH WRIT PETITION NO.10532 OF 2010 1.Dnyandeo Bhikaji Dushing, Age 38 Years, occ. Service R/.o Takli Kazi, Tq. and District Ahmednagar. 2. Dnyaneshwar Vasudeo Kshirsagar Age 40 years, occ. Service R/o Warvandi, Tq. Rahuri, District Ahmednagar. 3.Ramesh Bharat Dole, Age 36 years, occ. service r/o At Post Bardari, Tq. and Dist. Ahmednagar. 4. Chandrabhan Nana Manchare, Age 42 years, occ. Service R/o Kurund, Tq. Parner, District Ahmednagar. 5.Sambhaji Ankush Gangurde, Age 32 years, occ. Service R/o at post Mirajgaon, Tq.Karjat, Dist. Ahmendagar. 6. Appasaheb Laxman Pawar Age 36 years, occ. service r/o Dhawalpuri, Tq. Parner District Ahmednagar. 7. Dnyandeo Sahebrao Kardile Age 40 years, occ. service R/o Alhanwadi,Tq. Pathardi, District Ahmednagar 8.Satish Baburao Phunde, Age 39 years, occ. Service R/o Shekte, Tq. Pathardi, District Ahmednagar. WP/11136/2010 (Group) 6 9.Sanjay Bhaurao Bhadke, Age 35 yers, Occ. Service R/o Mangrul, Tq. Shevgaon, District Ahmednagar. 10. Namdeo Baban Ghaytadak, Age 34 years, Occ. Service R/o Madhi, Tq. Pathardi, District Ahmednagar. 11.Subhash Karbhari Awhad, Age 38 years, Occ. Service r/o Pangarmal, Tq. and District Aurangabad. ..Petitioners 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, Ahmednagar, District :Ahmednagar. ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioners and Shri V.H.Dighe, AGP for respondents. ... WITH WRIT PETITION NO.10554 OF 2010 Sharad Eknath Patil Age 45 years, Occ. Service R/o at post Nandkhe, Taluka and District Nandurbar. ..Petitioner VERSUS 1. The State of Maharashtra, WP/11136/2010 (Group) 7 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, Nandurbar District :Nandurbar. ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioner and Smt. A.V.Gondhalekar, AGP for respondents. ... WITH WRIT PETITION NO.10588 OF 2010 1. Vitthal Jeta Chavan Age 40 years, occ. Service R/o At Post Ghusur Tanda, Tq. Kannad, District Aurangabad 2.Pundlik Bhagwat Jagtap, Age 30 years, Occ. Service R/o at Post Dhareshwar Kachner Tanda, Tq. and District Aurangabad. 3.Dinesh Devidas Rathod, Age 32 years, occ. Service R/o at Post Bokud Jalgaon, Tq. Paithan, Dist. Aurangabad. 4.Vitthal Appasaheb Zargal, Age 35 years, occ. Service, R/o at post Pimpalwadi (Pirachi), Tq. Paithan, District Aurangabad. 5.Rajendra Ashok Sonwane, Age 31 years, Occ. Service R/o at Paithankheda, Post Chitegaon, Tq. Paithan, District Aurangabad. WP/11136/2010 (Group) 8 6. Kartarsingh Madansing Pawar Age 36 years, Occ. Service r/o at Post Waluj, Taluka Gangapur, Dist. Aurangabad. 7. Vijay Tulshiram Salve Age 40 years, occ. Service R/o at Post Anjandoh, Tq. and Dist. Aurangabad. 8. Sudhir Vasantrao Chavan Age 40 years, Occ. Service, R/o At Post Wadod-Bazar, Tq. Phulambri, Dist. Aurnagabad. 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. ... Shri A.D.Pawar, Advocate for the petitioners and Shri N.B.Patil, AGP for respondents. ... WITH WRIT PETITION NO.10770 OF 2010 Lalsing Jamsing Pawar, Age 42 years, Occ.Service r/o at post Varkhede (Bk.) Tq. Chalisgaon, Dist.Jalgaon. ..Petitioner VERSUS 1. The State of Maharashtra, WP/11136/2010 (Group) 9 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, Jalgaon District : Jalgaon. ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioner and Shri K.G.Patil, AGP for respondents. ... WITH WRIT PETITION NO.10960 OF 2010 1. Ram Hemla Chavan, Age 44 years, Occ. Service R/o Krishnawadi, Tq. Mukhed, District Nanded. 2.Rajesh Madhavrao Marvalikar Age 39 years, Occ. Service R/o Marvali Tanda, Tq. Naigaon District Nanded. 3.Vaman Namdeo Jadhav, Age 38 years, Occ. Service R/o Saknoor Tanda, Tq.Mukhed, District Nanded. 4.Govind Ramrao Pawar, Age 40 years, Occ. Service R/o Kamlewadi, Tq. Mukhed, District Nanded. 5.Prabhu Rupsing Rathod, Age 33 years, Occ. Service R/o Bhutan Hipparga, Nath Nagar, Tq. Degloor, District Nanded. 6.Laxman Hiraman Rathod, WP/11136/2010 (Group) 10 Age 38 years, Occ. Service R/o Shilavani Border, Tq.Degloor, District Nanded. 7. Prem Sadashiv Rathod, AGe 42 years, Occ. Service R/o Aundha Naganath, District Hingoli. 8.Babarao Kondbarao Kalyankar, Age 40 years, occ. Service R/o Rameshwar Tanda, Tq.Kalamnuri, Dist. Hingoli. 9.Limbaji Rama Rathod, Age 37 years, Occ. Service R/o Lohara Killa, Taluka Aundha Naganath, District Hingoli. 10. Dhanlal Limbaji Rathod, Age 48 years, occ. Service R/o Varanga (Fata), Taluka Kalamnuri, Dist. Hingoli. 11. Ganesh Baba Chavan, Age 34 years, Occ. Service, R/o Gangalwadi, Taluka Aundha Naganath, District Hingoli. ..Petitioners VERSUS 1. The State of Maharashtra, Through the Chief Secretary, Mantralaya, Mumbai 32 2.The Principal Secretary, Social Justice Department, Government of Maharashtra, Mantralaya, Mumbai. 3.The Principal Secretary, Finance Department, Government of Maharashtra, Mantralaya, Mumbai. 4.The Director, Vimukta Jati Nomadic Tribe, WP/11136/2010 (Group) 11 Other Backward Class, Special Backward Class, Maharashtra State, Pune. 5.Special District Social Welfare Officer, Nanded District : Nanded 6.Special District Social Welfare Officer, Hingoli. District : Hingoli ..Respondents. ... Shri S.T.Shelke, Advocate for the petitioner and Shri N.B.Khandare, GP for respondents. ... WITH WRIT PETITION NO.11137 OF 2010 1.Pandurang Gardal Chavan Age 40 Years, Occ. Service R/o At Post Andhari, Taluka Chalisgaon, Dist. Jalgaon. 2.Ishwar Trimbak Patil, Age 38 Years, Occ. Service R/o at Post Pimapkhed Tanda, Tq. Chalisgaon, Dist. Jalgaon 3.Anil Nana Pawar, Age 38 years, occ. service r/o at Shamwadi, Post Beldarwadi, Tq.Chalisgaon, District Jalgaon. 4.Dhansing Ratan Chavan Age 35 years, Occ. Service R/o at Post Lonje, Taluka Chalisgaon, District Jalgaon. 5. Shravan Narsingh Rathod, Age 41 years, Occ. Service r/o at post Talonde Pracha, Tq.Chalisgaon, Dist.Jalgaon. ..Petitioners VERSUS WP/11136/2010 (Group) 12 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, Jalgaon District : Jalgaon. ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioners and Smt.A.V.Gondhalekar, AGP for respondents. ... WITH WRIT PETITION NO.11142 OF 2010 Vinod Shravan Patil, Age 39 Years, Occ. Service R/o at Post Kurha-Kakoda, Tq.Muktainagar, Dist.Jalgaon. ..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, Jalgaon District : Jalgaon. ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioner and Shri K.G.Patil, AGP for respondents. ... WP/11136/2010 (Group) 13 WITH WRIT PETITION NO.11144 OF 2010 1. Mahadeo Ramrao Daund, Age 31 years, Occ. Service R/o at Post Bhokar, Tq.Bhokar, District Nanded. 2.Vijay Shankarrao Jadhav Age 33 years, occ. Service R/o at Jambhli Post Pandhurna, Tq. Bhokar, Dist. Nanded. 3.Kailash Haribhau Dudhalkar Age 33 years, Occ. Service R/o Pota, Tq. Himayatanagar District Nanded. ..Petitioners 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, Nanded District : Nanded ..Respondents. ... Shri A.D.Pawar, Advocate for the petitioners and Shri K.G.Patil, AGP for respondents. ... WITH WRIT PETITION NO.11150 OF 2010 Kerba Vitthal Gaikwad, Age 56 years, Occ. Service R/o C/o Prathamik Ashram Shala, Naiknagar, Awalkonda Road, Udgir, District Latur. ..Petitioner WP/11136/2010 (Group) 14 VERSUS 1. The State of Maharashtra, Through the Chief Secretary, Mantralaya, Mumbai 32 2.The Principal Secretary, Social Justice Department, Government of Maharashtra, Mantralaya, Mumbai. 3.The Principal Secretary, Finance Department, Government of Maharashtra, Mantralaya, Mumbai. 4.The Director, Vimukta Jati Nomadic Tribe, Other Backward Class, Special Backward Class, Maharashtra State, Pune. 5.Special District Social Welfare Officer, Latur District : Latur ..Respondents. ... Shri S.T.Shelke, Advocate for the petitioner and Shri K.G.Patil, AGP for respondents. ... CORAM : B.R.GAVAI & R.M.BORDE, JJ. Dated : December 10, 2010 ORAL JUDGMENT (PER B.R.GAVAI,J.) :- 1. Heard learned counsel for the respective parties. 2. In those Writ Petitions,in which the office has raised an objection regarding payment of deficit fees, learned counsel for the respective petitioner undertakes to pay the deficit court fees within a period of one week from today. WP/11136/2010 (Group) 15 3. Rule. Rule made returnable forthwith. Heard by consent. 4. These petitions have been filed by the 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. 5. 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. 6. 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 (supra) 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 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 WP/11136/2010 (Group) 16 within a period of eight weeks from the date of decision. 7. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. (R.M.BORDE,J.) (B.R.GAVAI, J.) ... akl