This court rejected a writ petition challenging a government resolution regarding retirement service benefits. It held that 12 years of service in the same post across two departments qualifies for a higher scale without requiring service in the same department.
Writ Petition rejected; no 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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 6424 OF 2011
The State of Maharashtra ....Petitioner. Vs.
Ms. Aruna Shankar Wadekar ...Respondent.
Mr. A.B. Vagyani for the Petitioner. Ms. Swati Manchekar for the Respondent.
CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 19 DECEMBER, 2011.
P.C. :-
Heard.
2 It is clear from the Government Resolution that 12 years of
continuous service should be in the same post. There is no requirement that the service should be in the same Department. If the service is of more than 12 years in the same post even in two different Departments of the State Government, the candidate would be entitled to the higher scale. No reasons to interfere, Writ Petition is rejected.
(ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)
1 issue framed by the court
Whether 12 years of continuous service in the same post qualifies for a higher scale even if rendered in two different Departments of the State Government.
The State of Maharashtra
Ms. Aruna Shankar Wadekar
D.K. Deshmukh
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
