Dismissed

Prakash Kishanlal Murkya v. State of Maharashtra and Ors.

Bombay HC12 Sept 2014WP/3067/2000

Case brief

AI extract

What is this about?

A retired teacher challenged his retirement benefits claiming entitlement to a higher grade pay-scale from 1986, based on his service as a higher secondary teacher from 1976. The Court rejected the claim, holding that eligibility started from when he received the relevant pay-scale in 1982, precluding him from qualifying for the benefit upon retirement.

What did the court decide?

The Writ Petition failed and was dismissed; the rule was discharged.

Prakash Kishanlal Murkya Vs State of… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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WRIT PETITION NO.3067 OF 2000

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Prakash s/o Kishanlal Murkya,
Age-53 years, Occupation:Service,
Resident of 'DineshBhavan'
Bank Colony, Wasmat Road,
Parbhani.

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(Retired Higher Secondary Teacher)

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...PETITIONER
 VERSUS

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1) The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai-32,

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2) Director of Education, Maharashtra State, Central Building, Pune-1, 3) The Chief Executive Officer, Zilla Parishad, Parbhani, 4) Regional Deputy Director of Education, Marathwada Region, Aurangabad, 5) The Education Officer(Secondary), Zilla Parishad, Parbhani. ...RESPONDENTS

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...

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 Shri M.M. Joshi Advocate for Petitioner.
 Shri V.G. Shelke, A.G.P. for Respondent
 Nos.1, 2, 4 and 5.

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 Shri V.R. Sonwalkar Advocate for Respondent
 No.3.

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...

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CORAM: A.V. NIRGUDE AND
 A.I.S. CHEEMA, JJ.

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 DATE : 12TH SEPTEMBER, 2014

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ORAL JUDGMENT [PER A.V. NIRGUDE, J.] :

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1.Heard.

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2.This Petition is filed by a retired

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teacher, rather belatedly, for claiming a benefit
in view of Government Resolution dated 16th
October 1992 but was not given.

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3.The facts leading to this litigation, in

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short, can be stated as under:

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.The Petitioner was appointed as Secondary
Teacher in 1968 under Zilla Parishad, Parbhani. In

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1975 the Petitioner was asked as a teacher to
teach 11th and 12th standard students (Higher
Secondary). Since the Petitioner was Secondary
Teacher, for this additional work the Petitioner
was given special pay. The Petitioner continued in
such position till he voluntarily retired in 1993.
As per the service book of the Petitioner, his pay
was fixed in various pay-scales. Pay-scale of
Rs.300-400-550-650 was given to him for his
service prior to 1976. For his service from 1st
April 1976, he was given pay-scale of Rs.500-700-
900. From 1st June 1982, he was given pay-scale of
Rs.600-1030.

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.On 16th October 1992, while the

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Petitioner was working as above, the Government
took a decision to provide higher pay-scales to

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teachers working in higher secondary school. This
Government Resolution (G.R.) mentioned that this

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will be applicable only to such teachers who were
given pay-scale of Rs.600-1030 prior to 1986. The
G.R. mentions further that those who were given
pay-scale of Rs.600-1030 prior to 1986 would be
entitled to higher pay-scale of Rs.2000-3200 with
effect from 1st January 1986. The G.R. further
mentions that this pay-scale of Rs.2000-3200 would
be called as first grade pay-scale. The pay-scale
of Rs.2500-2800-4000 is called higher grade pay-

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scale. The G.R. further mentions that higher
secondary teachers getting first grade pay-scale
of Rs.2000-3200 would be entitled to higher grade
pay-scale of Rs.2500-2800-3800-4000 only after
completion of twelve years of service.

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4.The Petitioner claims that he became

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entitled to higher grade pay-scale of Rs.2500-
2800-3800-4000 long back in 1987 itself because
though he was secondary teacher, he worked as

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higher secondary teacher since 1976 and so the
authorities ought to have assumed that from 1976

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he was a higher secondary teacher and so he ought
to have been given higher grade pay-scale of
Rs.2500-2800-3800-4000 in 1987. We are unable to
accept this logic and argument.

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5.No doubt the Petitioner worked in higher
secondary school but he was given status of higher
secondary teacher only in 1982 when he was given
higher pay-scale of Rs.600-1030. It is from this
date the Petitioner ought to have completed twelve
years of continuous service for getting higher
grade pay-scale of Rs.2500-2800-3800-4000. Since
the Petitioner voluntarily retired in 1993, he
admittedly did not complete twelve years service
and so the Petitioner was never entitled to higher
grade pay-scale of Rs.2500-2800-3800-4000. The
claim of the Petitioner is rejected. The Petition
fails. The Writ Petition is dismissed. Rule
discharged.

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6.In view of the dismissal of the Petition,

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the amount deposited by the Respondent Zilla
Parishad be refunded to them.

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[A.I.S. CHEEMA, J.] [A.V. NIRGUDE, J.]
asb/SEP14

Prakash Kishanlal Murkya v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Prakash Kishanlal Murkya v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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