This court disposed of a writ petition seeking quashment of the Zilha Parishad CEO's order granting grade pay instead of promotional pay scale. The court held no irregularity existed and intervention under article 226 was not warranted.
Writ petition dismissed; order granting grade pay instead of promotional pay scale upheld.
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.
wp 4030.16.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.4030 OF 2016
Balaji S/o Ganpat Giri Petitioner
Versus
The State of Maharashtra & others Respondents
Mr. Amit A. Mukhedkar advocate for the petitioner Mr. K.D. Mundhe, AGP for Respondent No.1 & 4 Mr. R.K. Ingole advocate for respondent Nos.2 and 3.
CORAM : R.M. BORDE &
SANGITRAO S. PATIL, JJ
(Date : 21st November, 2016 .)
PER COURT :-
1 The petitioner is praying for quashment of the order dated 14.3.2016, issued by the Chief Executive Officer, Zilha Parishad, directing payment of benefits of grade pay to the petitioner.
2 The petitioner claims that, on completion of 12 years service, as per the Policy of the Government, he is entitled for the pay scale prescribed for promotional post, which has been denied to him. Counsel appearing for respondent has pointed out that, since the petitioner was working as a helper in Zilha Parishad and
{2} wp 4030.16.odt
the said post is an isolated post and no promotional post is provided for, the claim of the petitioner that, pay scale of promotional post of mechanic should be awarded to him is not in consonance with the Recruitment Rules framed by the Zilha Parishad. The feeder cadre for the post of Mechanic is the post of air compressor operator, whereas the petitioner was working as helper. Since the promotional avenue is not available to the post of helper, he has been awarded only grade pay of promotional post.
3 We do not find any irregularity in the action of the Chief Executive Officer, Zilha Parishad, in awarding grade pay to the petitioner instead of awarding benefits of promotional pay scale. No interference is called-for, under extraordinary jurisdiction under article 226 of the Constitution of India. Petition is devoid of substance and stands disposed of.
(SANGITRAO S. PATIL, J) (R.M.BORDE, J)
vbd
2 issues framed by the court
Whether extraordinary jurisdiction under article 226 of the Constitution of India is called for to interfere with the Chief Executive Officer's action awarding grade pay instead of promotional pay sca
Whether the petitioner is entitled to the pay scale prescribed for the promotional post of mechanic having been a helper.
1 provisions across 1 enactments
Balaji S/o Ganpat Giri
The State of Maharashtra
The Zilha Parishad
Others
Sangitrao S. Patil
R.M. Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
