Case Note & Summary
The petitioner, Shri Suresh Govind Bokade, filed a writ petition before the Bombay High Court seeking a direction to the Maharashtra State Farming Corporation (respondent No.2) to grant him the pay scale of Rs.750-40-1150 from 21.6.1982 to 1.2.1994, on the ground that during that period he worked as Personal Assistant to the Managing Director of the Corporation. The Corporation contested the claim, stating that the scale of Rs.750-40-1150 was prescribed for the post of Selection Grade Stenographer under the Bhole Pay Commission recommendations implemented from 1.4.1976, and the petitioner was not functioning as a Selection Grade Stenographer at the relevant time. The Corporation further contended that the petitioner did not possess a degree from a recognized university, which was a requirement for appointment as a stenographer under the Rules. The court examined the submissions and the resolutions issued by the State and the Corporation. It noted that the petitioner's lack of a graduate degree was undisputed. The court held that merely because the petitioner worked as Personal Assistant to the Managing Director, he could not claim the higher scale as a matter of right. The petitioner relied on a judgment in Writ Petition No.6139 of 1998 (S.S. Paradkar v. State of Maharashtra), but the court distinguished it on facts. Finding no merit, the court dismissed the petition.
Headnote
A) Service Law - Pay Scale - Selection Grade Stenographer - Entitlement - Petitioner claimed Selection Grade Stenographer scale of Rs.750-40-1150 for period working as Personal Assistant to Managing Director - Held that merely working on a post does not entitle grant of higher scale; petitioner not a graduate as required for Selection Grade - Petition dismissed (Paras 1-3).
Issue of Consideration
Whether the petitioner, who worked as Personal Assistant to the Managing Director, is entitled to the Selection Grade Stenographer scale of Rs.750-40-1150 from 21.6.1982 to 1.2.1994.
Final Decision
The petition is dismissed.
Law Points
- Pay scale entitlement
- Selection Grade
- Personal Assistant
- Graduate degree requirement
- Distinguishing precedent
