This Writ Petition challenged the Maharashtra Administrative Tribunal's order allowing a Respondent's application to fix his Basic Pay at Rs.13,500/- upon reappointment. The High Court dismissed the Petition, holding the Tribunal was right to cap pay within the scale limits.
Rule discharged. Petition dismissed without order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WP-1865-11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1865 OF 2011
| The State of Maharashtra & Ors. | ... | Petitioners |
|---|---|---|
| V/s. | ||
| Rudrapa Jagannath Wani | ... | Respondent |
Mr. A.B. Vagyani, A.G.P., for the Petitioners.
Mr. P.M. Patil for the Respondent.
CORAM : B.H. MARLAPALLE & SMT. NISHITA MHATRE, JJ.
DATE : 23RD NOVEMBER, 2011.
P.C. :
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WP-1865-11
order of reappointment was issued to the Respondent on 2nd February, 2006 for the very same post and the Respondent has been appointed in the Pay Scale of Rs.8,000-275-13,500 as per the G.R. dated 25th October, 2000. However, his Basic Pay was fixed @ Rs.9,800/-. As per the Respondent, his Basic Pay ought to have been fixed @ Rs.13,500/-, instead of Rs.9,800/- and, in support of his claim, he cited the cases of Shri V.W. Meher and Shri A.J. Desai. He claimed that the G.R. dated 15th February, 1995 was not valid. The Tribunal in the impugned order has directed to fix the Basic Pay of the Respondent @ Rs.13,500/- and pay him the arrears from 2nd February, 2006.
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1995 applies to the Petitioner’s case has been rejected by the Tribunal and, in our opinion, rightly so. The view taken by the Tribunal does not suffer from any infirmity.
[SMT. NISHITA MHATRE, J.]
[B.H. MARLAPALLE, J.]
1 issue framed by the court
Whether the Tribunal correctly fixed the re-appointed respondent's Basic Pay within the limits of the applicable pay scale.
The State of Maharashtra
Rudrapa Jagannath Wani
B.H. Marlappalle
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
