Case Note & Summary
The petitioners, four Assistant Teachers working in different Zilla Parishad schools in Chandrapur, filed a writ petition seeking the benefit of pay upgradation and revision in pay scale from the date of the order dated 02/12/2003. The respondents, including the Zilla Parishad and its officers, had granted the pay upgradation by an order on 02/12/2003 but did not make the benefits effective from that date. The petitioners argued that as per the Government Resolution, the benefit should be given from the date of the order. The respondents filed a reply but did not appear for final hearing. The court, after hearing the petitioners' counsel, noted that the respondents did not seriously contest the claim. The court examined the order dated 02/12/2003 and found that it directed the benefits to be made available from the date of the order. The court held that the petitioners are entitled to the pay upgradation and revision from 02/12/2003 and directed the respondents to pay the arrears within three months. The writ petition was allowed with rule made absolute.
Headnote
A) Service Law - Pay Upgradation - Effective Date - Government Resolution dated 02/12/2003 - The petitioners, Assistant Teachers of Zilla Parishad schools, were granted pay upgradation and revision by order dated 02/12/2003, but the benefit was not given from that date. The court held that the benefit must be granted from the date of the order, i.e., 02/12/2003, as per the Government Resolution, and directed the respondents to pay arrears within three months. (Paras 4-7)
Issue of Consideration
Whether the petitioners, Assistant Teachers of Zilla Parishad schools, are entitled to the benefit of pay upgradation and revision in pay scale from the date of the order dated 02/12/2003 or from a later date.
Final Decision
Writ petition allowed. Rule made absolute. Respondents directed to grant pay upgradation and revision benefits to petitioners from 02/12/2003 and pay arrears within three months.
Law Points
- Pay upgradation
- Revision of pay scale
- Effective date of benefit
- Government Resolution
- Zilla Parishad teachers
Case Details
2021 LawText (BOM) (12) 141
Writ Petition No. 3579/2019
Sunil B. Shukre, Anil L. Pansare
Dr. Renuka Sirpurkar for petitioners
Pandurang s/o Sadashiv Shrirame, Ramchandra Pochanna Digdeotulwar, Bhimrao Urkudaji Durge, Vilas Dashrath Hajare
Zilla Parishad, Chandrapur through Chief Executive Officer, Chief Executive Officer Zilla Parishad Chandrapur, Education Officer Zilla Parishad (Primary) Chandrapur, Head Master Z.P. High School Ayudh Nirmani Chanda, Head Master Z.P. High School Tah.Bhadrawati, Head Master Z.P. (Ex.Govt) Netaji High School Warora
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Nature of Litigation
Writ petition seeking direction to grant pay upgradation and revision benefits from the date of order.
Remedy Sought
Petitioners sought direction to respondents to grant pay upgradation and revision benefits from 02/12/2003.
Filing Reason
Respondents did not give effect to pay upgradation from the date of order dated 02/12/2003.
Issues
Whether the petitioners are entitled to pay upgradation and revision benefits from the date of order dated 02/12/2003?
Submissions/Arguments
Petitioners submitted that pay upgradation was granted by order dated 02/12/2003 but benefits were not given from that date.
Respondents did not appear to contest the claim.
Ratio Decidendi
The benefit of pay upgradation and revision must be granted from the date of the order granting such benefit, as per the Government Resolution.
Judgment Excerpts
The petitioners are the Assistant Teachers working in different Schools of Zilla Parishad, Chandrapur. Their grievance is that benefit of their pay upgradation and revision in the pay-scale was granted to them by an order passed on 02/12/2003 and the benefits were directed to be made available to the petitioners from the date of the order i.e. dated 02.12.2003.
In view of the above, we find that the petitioners are entitled to the benefit of pay upgradation and revision in the pay-scale from the date of the order dated 02/12/2003.
Procedural History
Writ petition filed in 2019. Notice issued for final disposal. Respondents served but absent. Heard finally on 08/12/2021.
