The petitioner, a Clerk and former Assistant Teacher, challenged the Government's decision not to grant a higher pay scale. The Court dismissed the writ petition, holding the petitioner not entitled to relief given the irregularity of his continued service and lack of proper appointment approval.
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.
W.P.No.1330/2000
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.1330 OF 2000
Rajaram s/o Balwant Mahandule, Age 42 years, Occ. Service, R/o Alkuti, Tq. Parner, District Ahmednagar.
VERSUS
Shri S.M. Kulkarni, Advocate for petitioner Mrs. S.D. Shelke, A.G.P. for State
CORAM: A.V. NIRGUDE AND A.I.S. CHEEMA, JJ. DATED: 1st October, 2014.
ORAL JUDGMENT (Per A.V. Nirgude, J.) :
of the Government not to give higher pay scale to the petitioner.
W.P.No.1330/2000
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The facts are as under :
W.P.No.1330/2000
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of this, though the respondent No.3 mentioned in their permission order that the permission was w.e.f. 1.12.1989, the same virtually came to an end on 13.6.1990. It seems that, in view of this change, the petitioner should have been reverted back to the post of Clerk, but somehow, it seems, and it is the case of the petitioner that, he continued to work as Assistant Teacher since 1990. According to him, though he was entitled to pay scale of B.P. Ed., he was given pay scale of D.Ed. He challenged this after 9 years, in 2000.
2 issues framed by the court
Whether a teacher employed without proper approval and reverted to a lower post is entitled to claim higher pay scale years later.
Whether a petitioner can claim relief for pay scale enhancement when his continued service was legally questionable.
Rajaram s/o Balwant Mahandule
The State of Maharashtra
The Education Officer, (Secondary), Zilla Parishad, Ahmednagar
Mr. M.K. Gaikwad
A.V. Nirgude
A.I.S. Cheema
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
