Case Note & Summary
The petitioner, Riyaz Ahmed Mustafa Walsangkar, a teacher working with Zilla Parishad, Solapur, filed a writ petition seeking a writ of certiorari to quash an order dated 8th April 2003 and to direct the respondents to revise his pay fixation as per the option exercised by him, with the date of pay fixation treated as 1st July 2000 instead of 1st March 2000. The petitioner's counsel submitted that the question involved was similar to that in Writ Petition No.1203 of 2004, which had been disposed of by a Division Bench order dated 25th June 2004. The respondents' counsel agreed that this petition could be disposed of in terms of that order. The court perused the petition, annexures (particularly Exhibit 'D'), and the earlier order. The earlier order had allowed the petition in that case, directing the respondents to treat the date of pay fixation as 1st July 2000 and to revise the pay accordingly. Following that precedent, the court allowed the present petition in the same terms, directing the respondents to treat the date of pay fixation as 1st July 2000 and to revise the petitioner's pay accordingly. The court also directed that the arrears of salary be paid to the petitioner within three months. The rule was made absolute accordingly.
Headnote
A) Service Law - Pay Fixation - Revision of Pay - Option Exercise - The petitioner, a teacher, sought revision of pay fixation with effect from 1st July 2000 instead of 1st March 2000, relying on an earlier Division Bench order in a similar matter. The court, after perusing the petition and the earlier order, allowed the petition in the same terms, directing the respondents to treat the date of pay fixation as 1st July 2000 and to revise the pay accordingly. (Paras 1-4)
Issue of Consideration
Whether the petitioner's pay fixation should be revised with effect from 1st July 2000 instead of 1st March 2000, in terms of the order passed in a similar writ petition.
Final Decision
The court allowed the writ petition in terms of the order dated 25th June 2004 in Writ Petition No.1203 of 2004. The respondents were directed to treat the date of pay fixation as 1st July 2000 and to revise the petitioner's pay accordingly. Arrears of salary to be paid within three months. Rule made absolute.
Law Points
- Pay fixation
- Option exercise
- Revision of pay
- Date of effect
- Precedent
