1-WP-695-2005.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 695 OF 2005 Dr. Girish Vitthal Shiralkar And Anr. … Petitioners Versus Zilla Parishad And Anr. … Respondents —————— Mr. Rajesh More, for the Petitioners. Ms. T. J. Kapre AGP for the Respondent No. 2-State. Dr. Uday P. Warunjikar, for the Respondent No. 1-Zilla Parishad. —————— Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ. Date : September 24, 2025. P. C. : 1. Heard Mr. More, learned Counsel for the Petitioners and Dr. Warunjikar, learned Counsel for the Zilla Parishad. 2. The Petitioner No. 1 was at the relevant time working as Medical Officer Class II. He belongs to the District Technical (Health) Service in the employment of Respondent Nos. 1 and 2 Zilla Parishad Satara. 3. The Petitioner No. 2 was also working as a Medical Officer, Class II and she has retired with effect from 31st January, 2004. The grievance of Shubham Talle 1 of 3 1-WP-695-2005.doc the Petitioners are that although they are entitled, they have not been given the pay scale of Rs. 2,000 – Rs. 3,500/-. The Petitioners are having the qualification of M.F.A.M. viz Member of Faculty of Aayurvedic Medicine. 4. Our attention is invited to the order dated 25th October, 1999 passed by this Court in Writ Petition No. 3369 of 1998 filed by Dr. N. S. Kulkarni & Anr. vs. Zilla Parishad Satara & Ors and the relevant finding, which reads thus: “5. In this petition, we have before us, the Medical Officers (Health) Class three. They are holding degree MFAM (Member of Faculty of Ayurvedic Medicine). In the second Schedule of the Indian Medicine Central Council Act, 1970, MFAM degree is shown at serial no. 60, where as the degree BSAM which was the subject matter of the earlier writ petition has been shown as serial no. 63A of the same schedule in the same Act. Like the petitioners in the earlier Writ Petition, these petitioners are also working as the Medical Officers (Health) Class III. 6. In our opinion, therefore the Petitioners are entitled to get the benefit of Rs. 2000-3500, w.e.f. 1.4.1986, in the same manner, in which the Medical Officers having BSAM or BAMS degree are entitled to and hence we hold that the petitioners are entitled to receive pay scale of Rs. 2000-3500 w.e.f. 1.4.1986 and accordingly the Respondents No 2 and 3 are directed to grant revised pay-scale to the Petitioners from 1.4.1986 and make payment of all arrears of salary and allowances. ” 5. Learned Counsel for the Petitioners, on instructions, of the Shubham Talle 2 of 3 1-WP-695-2005.doc Petitioners who are present in the Court precisely submitted that they do not want to press for the claim of the interest. Though learned Counsel for the Respondent-Zilla Parishad opposed the Writ Petition, we find that this Court even in the case of Dr. Anilkumar Gandhi & Ors. vs. State of Maharashtra & Ors in Writ Petition No. 6733 of 1999 granted relief to the Petitioners therein similar in terms of the relief granted to the Petitioners in Writ Petition No. 3369 of 1998. In such view, the Petitioners being similarly situated are also entitled to the similar relief. We thus hold that the Petitioners are entitled to get the benefit of pay scale of Rs. 2000-3500/- w.e.f 1st April, 1986, in the same manner, as the Medical Officers having BSAM or BAMS degree are entitled. Accordingly the Respondent Nos. 2 and 3 are directed to grant revised pay-scale to the Petitioners from 1st April, 1986 and make payment of all arrears of salary and allowances expeditiously and in any event within the period of 10 weeks from the date of the communication of this order. 6. Writ Petition stands disposed of. 7. Rule is made absolute in the above terms. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] Shubham Talle 3 of 3 TALLE SHUBHAM ASHOKRAO Digitally signed by TALLE SHUBHAM ASHOKRAO Date: 2025.09.25 15:30:11 +0530