Case Note & Summary
The petitioners, four non-teaching employees of Shri Chhkradhar Swami Prathamik Ashram School in Mendha, Bhandara, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents, including the State of Maharashtra and the Social Welfare Department, to grant them higher pay scale upon completion of 10 and 20 years of qualifying service. They relied on Government Resolution dated 30.04.1998 and its modification dated 02.03.2019, as well as a judgment of the Principal Bench of the Bombay High Court in W.P. No. 2358/2013 dated 21.09.2013, which had allowed similar relief. The petitioners argued that despite completing the requisite service, the respondent authorities had not granted them the higher pay scale. The respondents, represented by the Assistant Government Pleader, did not oppose the petition but sought time to consider the representation. The court, after hearing both sides, disposed of the petition with a direction to the Assistant Commissioner, Social Welfare Department, Bhandara (Respondent No. 3) to consider and decide the petitioners' representation for higher pay scale within four weeks from the date of the order, by passing a reasoned order. The court made it clear that it had not expressed any opinion on the merits of the claim. The petition was disposed of accordingly.
Headnote
A) Service Law - Higher Pay Scale - Assured Career Progression - Government Resolution dated 30.04.1998 and 02.03.2019 - Petitioners, non-teaching employees of an Ashram School, sought higher pay scale after completing 10 and 20 years of service - The court directed the respondent authorities to consider and decide the petitioners' representation for higher pay scale in light of the Government Resolutions and a previous judgment of the Bombay High Court in W.P. No. 2358/2013 - Held that the respondents must pass a reasoned order within four weeks (Paras 1-5).
Issue of Consideration
Whether the petitioners, non-teaching employees of an Ashram School, are entitled to higher pay scale upon completion of 10 and 20 years of service as per Government Resolutions dated 30.04.1998 and 02.03.2019.
Final Decision
The petition is disposed of with a direction to Respondent No. 3 (Assistant Commissioner, Social Welfare Department, Bhandara) to consider and decide the petitioners' representation for higher pay scale within four weeks from the date of the order, by passing a reasoned order. The court clarified that it has not expressed any opinion on the merits of the claim.
Law Points
- Higher pay scale
- Assured Career Progression
- Government Resolution dated 30.04.1998
- Government Resolution dated 02.03.2019
- Writ of Mandamus
- Non-teaching employees
- Ashram School
Case Details
2023 LawText (BOM) (01) 342
Writ Petition (WP) 7566/2022
Rohit B. Deo, Y.G. Khobragade
Mr. P.S. Kshirsagar for petitioners, Mr. M.K. Pathan (AGP) for respondents
Mahadev Motiram Dighore, Satish Prabhuji Tembhurne, Rajesh Baliram Pathode, Ku. Indubai Janba Tembhurne
The State of Maharashtra, The Regional Commissioner, Social Welfare Department, Nagpur, The Assistant Commissioner, Social Welfare Department, Bhandara
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Nature of Litigation
Writ petition seeking direction to grant higher pay scale to non-teaching employees of an Ashram School.
Remedy Sought
Direction to Respondent No. 3 to grant higher pay scale to petitioners after completing 10 and 20 years of qualifying service from the date of initial appointment, with consequential benefits as per GR dated 30.04.1998 and modification dated 02.03.2019.
Filing Reason
The respondent authorities did not grant higher pay scale to the petitioners despite completion of requisite service.
Previous Decisions
Judgment dated 21.09.2013 in W.P. No. 2358/2013 passed by the Principal Bench of Bombay High Court issuing similar directions.
Issues
Whether the petitioners are entitled to higher pay scale upon completion of 10 and 20 years of service as per Government Resolutions.
Submissions/Arguments
Petitioners submitted that they have completed 10 and 20 years of service and are entitled to higher pay scale as per GR dated 30.04.1998 and modification dated 02.03.2019.
Respondents did not oppose the petition and sought time to consider the representation.
Ratio Decidendi
The court directed the respondent authority to consider the petitioners' representation for higher pay scale in light of the Government Resolutions and the previous judgment, without expressing any opinion on merits.
Judgment Excerpts
Rule. Rule made returnable forthwith. With the consent of both the sides the matter is heard finally at the stage of admission.
By the present petition, the petitioners have prayed as under:- ... Direct the Respondent No. 3 The Assistant Commissioner, Social Welfare Department, Bhandara to grant higher pay scale in favour of Petitioners immediately after completing their 10 and 20 years qualifying service from the date of their initial appointments and grand all the consequential benefits in views of GR dated 30.04.1998 (Anex-2) and dated 02/03/2019 (anex-6) modification from the date of their initial appointment and grant all the consequential benefits in view of GR dated 30.04.1998 (Anex-2) and modification from time to time and in view of the judgment dated 21.09.2013 in W.P. No. 2358/2013 (Anex-3) passed by Hon’ble Principal Bench of Bombay High Court issuing writ of mandamus or any other appropriate writ or direction to the respondents;
In the light of the above, we dispose of the present petition with a direction to the Respondent No. 3 to consider and decide the representation of the petitioners for grant of higher pay scale, within a period of four weeks from the date of this order, by passing a reasoned order.
Procedural History
The petitioners filed Writ Petition (WP) 7566/2022 before the Bombay High Court, Nagpur Bench. The court admitted the petition, issued rule, and with consent of both sides, heard the matter finally at the stage of admission. The court disposed of the petition on 15/02/2023 with directions.
Acts & Sections
- Constitution of India: Article 226
