CA/12601/2021 of VASANT RAMBHAU BHADANE Vs THE STATE OF MAHARASHTRA AND OTHERS

1 42-wp 7439-2015.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7439 OF 2015 Vasant Rambhau Bhadane .. Petitioner Versus The State Of Maharashtra And Others .. Respondents WITH CIVIL APPLICATION NO. 12601 OF 2021 IN WP/7439/2015 Vasant Rambhau Bhadane .. Applicant Versus The State Of Maharashtra And Others .. Respondents Mr. Yogesh B. Bolkar, Advocate for Petitioner/Applicant. Smt. Kalpalata Patil-Bharaswadkar, Addl.G.P . for Respondent Nos. 1 & 2. Mr. Rakesh N. Jain, Advocate for Respondent Nos. 3 & 4. CORAM : KISHORE C. SANT AND SUSHIL M. GHODESWAR, JJ. DATE : 13th JANUARY, 2026. PER COURT :- 1. Heard learned advocate for the petitioner, learned Add l.G.P . for the State and learned advocate for respondent Nos. 3 and 4. 2. In this petition, the petitioner was appointed to the p ost of Mistri Grade-II on 06.01.1983. After completion of twelve years of 1 of 4 2026:BHC-AUG:1417-DB 2 42-wp 7439-2015.odt service and as no substantive post was available, he was given time bound scale on 06.01.1995. He thereafter became entitled to get higher pay scale from 29.12.2007. The petitioner, however, is not paid the actual benefits of the said post. The petitioner retired on 31.03.2010 on attaining superannuation. However, till retirement he was not given the salary of the promotional po st. The petitioner persuaded the authorities for grant of benefi ts, however, by letter dated 03.07.2015 the Chief Officer, Zilla Parishad refused to grant benefits citing the reason that in t he year 2014 the Government has changed the policy by circular dated 28.07.2014 and in that view the petitioner was not entit led to receive the second time bound scale. Therefore, the p etitioner has filed this petition. 3. It is the case of the petitioner that, he was entitled to get the benefits in the year 2008 itself. However, no benefits are paid. Now the respondent has refused to grant the benefits citing the reason of 2014 circular. He submits that, he is entitled to receive all the benefits. 4. The petition is opposed by learned advocate for responden t- Zilla Parishad. She submits that, since the petitioner was not 2 of 4 3 42-wp 7439-2015.odt entitled in view of subsequent policy of 2014, there is no question of granting benefits to the petitioner. She relies upon the circular dated 30.07.2014 and justifies the communication dated 03.07.2015. 5. This Court hardly finds any justification in denying benefi ts to the petitioner. It is trite that, no benefits can b e taken away with retrospective effect by subsequent orders, Government Resolution, policy etc. Therefore, this Court finds that, the petitioner is entitled to receive the benefits for time bound scale since 2008. Since the order is without any legal foundation, this Court is inclined to allow the petition. 6. The writ petition is allowed. 7. The petitioner be paid the benefit/difference in the amount of pay scale of first time bound scale and second time bou nd scale with interest, if not paid, within a period of three months from today with interest at the rate of Rs. 6% per annum. If no amount is paid within six months from today, the said amount shall carry the interest at the rate of Rs. 9% per annum. 3 of 4 4 42-wp 7439-2015.odt 8. With this, the writ petition stands disposed of. 9. In view of disposal of writ petition, civil application also stands disposed of. ( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J. ) P .S.B. 4 of 4