Employees of an unaided private school filed a writ petition claiming salary scales under the 1981 Rules and a 2010 Government Resolution. The Court held the 1981 Rules prevail and dismissed the petition.
The claim for salary under the Government Resolution and Rules was rejected; the petition was dismissed.
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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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 801 OF 2015
Vijay Deepchand Marsale & Ors. … Petitioners
V/s.
A.P. Greig Foundation and Ors. ... Respondents
Ms. Kruti /Bhavana Mhatre I/b. Gayatri Singh for the Petitioner. Ms. Nisha Mehra, AGP for Respondents 1,3 and 4. Mr. Prateek Seksaria a/w. Mr. I.J. Nankani and Mr. H.S. Khokhawala I/b. Nankani & Associates for Respondent No.2.
CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.
DATE : 3 JULY 2019.
P.C. :-
Learned Counsel for the Petitioners seeks an adjournment on the plea that she has no instructions from the Petitioners.
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3
N.M. JAMDAR, J. CHIEF JUSTICE
3 issues framed by the court
Whether employees of a recognized but unaided private school are entitled to salary scales notified under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 instead of a
Whether a Government Resolution can alter the salary scales prescribed under the 1981 Rules for private school employees.
Whether the claim for salary under the applicable statutory scales should be allowed.
2 provisions across 2 enactments
Vijay Deepchand Marsale & Ors.
A.P. Greig Foundation
PRADEEP NANDRAJOG
N.M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
