Dismissed

Ranchod Bansilal Gade v. Zilla Parishad Thane and Ors.

Bombay HC5 Apr 2007WP/5800/2003

Case brief

AI extract

What is this about?

Petitioner, a retired Technical Assistant promoted more than twice, challenged communications denying salary benefits under a 1995 Government Resolution. The Court dismissed the writ petition, holding the Resolution did not apply to those promoted more than twice and was not pensionary.

What did the court decide?

Writ petition dismissed. Rule stands discharged. No relief granted to petitioner.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5800 OF 2003 Shri Ranchod Bansilal Gade ) Age : 64, Occ.: Retired, ) R/at : Near Cinema Talkies ) Gadewada, P.O. Murbad, Dist.Thane )..Petitioner

1. Zilla Parishad Thane, ) Through Chief Executive Officer) Having office at Zilla Parishad) Thane. ) 2. The Executive Engineer ) Public Works Division (west) ) Zilla Parishad, Thane ) 3. The Commissioner ) Konkan Division, Konkan Bhavan ) 1st Floor, C.B.D. Belapur ) Navi Mumbai. ) 4. State of Maharashtra ) Mantralaya, Mumbai-32 )..Respondents ----

1. The petitioner files this petition seeking a writ for quashing a communication dated 14.1.2003 issued by the Chief Executive Officer, Zilla Parishad, Thane and communication dated 30.1.2003 issued by the Executive Engineer, P.W.D. of the said department.

2. The petitioner was appointed by the Zilla Parishad on 29.8.1958 as a Technical Assistant. He was first promoted on 14.11.1964 as a Junior Extension officer. His 2nd promotion was on 12.2.1968 as an Extension officer. On 21.11.1979 by a Government Resolution, post of Extension officer was re-designated as Junior Engineer. By a further promotional order dated 12.9.1986 as amended by a subsequent order dated 24.7.1987 the petitioner was promoted for the 3rd time as a Sectional Engineer grade-II w.e.f. 1984. He retired from the said post on 30.11.1997.

3. The petitioner claims that he is entitled to the benefits contemplated by Government Resolution dated 8.6.1995. The officers of old grades 3 & 4 (grades-c & d as on the date of notification) were entitled to pay scale of higher post since it was not possible to promote such persons for a period of 12 years. It is fairly admitted by the petitioner that he did not fall within the old grades-3 & 4. The said Government Resolution is therefore, not applicable and no reliefs can be granted in this petition on the basis of the said Government Resolution. It was then contended that after his retirement, Government of Maharashtra issued a G.R. dated 20.7.2001 giving salary benefits to some additional persons contemplated in the said Government Resolution.

question does not relate to pensionary benefits. Since the petitioner was already retired before the promulgation of the said G.R., he cannot get the benefit of the said G.R. On reading the G.R. it is clear that the same is not applicable to the persons who have been promoted more than two times in their service. The facts stated here-in-above indicates that the petitioner has been promoted more than two times. There is no substance in the petition. The petition is therefore, dismissed. Rule stands discharged.

Ranchod Bansilal Gade v. Zilla Parishad Thane and Ors.

Case brief

What is this about?

What did the court decide?

Ranchod Bansilal Gade v. Zilla Parishad Thane and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohammed Ali Kudubuddin Shaikh Vs the State of Maharashtra and Ors.

The Superintendent, Regional Mental Hospital and Anr. Vs Sandeep Subhash Dangmali

Kirit Somaiya and Anr. Vs Mah.State Road Develop- Ment Corporation Ltd.and Ors.