Bombay High Court Allows Writ Petition of Ashram School Employees for Higher Pay Scale After 12 Years of Service. Government Resolutions dated 18th September, 2000, 8th June, 1995 and 27th March, 2000 mandate grant of higher pay scale to Class IV employees upon completion of 12 years of service.

High Court: Bombay High Court Bench: AURANGABAD In Favour of Accused
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Case Note & Summary

The petitioners, twelve Class IV employees of various aided Primary Ashram Schools in Shirpur, Dhule, filed a writ petition seeking directions to the respondents (State of Maharashtra, Additional Commissioner Tribal Development, and Project Officer Integrated Tribal Development) to grant them higher pay scale after completion of 12 years of service from their initial appointment, along with consequential benefits. The petitioners were appointed between 1988 and 1997. They relied on Government Resolutions dated 18th September 2000, 8th June 1995, and 27th March 2000, which they claimed mandated such higher pay scale. The respondents opposed the petition, arguing that the petitioners were not entitled to the higher pay scale as per the applicable rules. The court, after hearing both sides, allowed the petition, holding that the petitioners were entitled to the higher pay scale as per the Government Resolutions. The court directed the respondents to consider the petitioners' claim and grant them the higher pay scale and consequential benefits within a reasonable time.

Headnote

A) Service Law - Higher Pay Scale - Completion of 12 Years Service - Government Resolutions dated 18th September, 2000, 8th June, 1995 and 27th March, 2000 - The petitioners, Class IV employees of aided Ashram Schools, sought directions to grant higher pay scale after 12 years of service. The court held that the petitioners are entitled to the higher pay scale as per the Government Resolutions and directed the respondents to consider their claim and grant consequential benefits. (Paras 1-4)

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Issue of Consideration

Whether the petitioners, Class IV employees of aided Ashram Schools, are entitled to higher pay scale after completion of 12 years of service from the date of their initial appointment as per Government Resolutions dated 18th September, 2000, 8th June, 1995 and 27th March, 2000.

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Final Decision

The court allowed the writ petition, directing the respondents to consider the petitioners' claim for higher pay scale after completion of 12 years of service and grant consequential benefits within a reasonable time.

Law Points

  • Higher pay scale after 12 years of service
  • Government Resolution dated 18th September 2000
  • Government Resolution dated 8th June 1995
  • Government Resolution dated 27th March 2000
  • Class IV employees
  • Ashram School
  • aided school
  • completion of 12 years service
  • consequential benefits
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Case Details

2014 LawText (BOM) (01) 15

Writ Petition No. 4202 of 2012

2014-01-21

R. M. Borde, N. W. Sambre

Mr Ajay D. Pawar for petitioners, Mr V. H. Dighe, A.G.P., for respondents

Prashant s/o Anandrao Borse and others

The State of Maharashtra and others

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Nature of Litigation

Writ petition seeking directions to grant higher pay scale after completion of 12 years of service.

Remedy Sought

Directions to respondents to grant higher pay scale after completion of 12 years of service and consequential benefits.

Filing Reason

Petitioners, Class IV employees of aided Ashram Schools, claimed entitlement to higher pay scale as per Government Resolutions.

Issues

Whether the petitioners are entitled to higher pay scale after completion of 12 years of service from the date of their initial appointment as per Government Resolutions dated 18th September, 2000, 8th June, 1995 and 27th March, 2000.

Submissions/Arguments

Petitioners submitted that they were appointed between 1988 to 1997 and completed 12 years of service, thus entitled to higher pay scale as per Government Resolutions. Respondents opposed the claim, but the court found in favor of petitioners.

Ratio Decidendi

The petitioners, having completed 12 years of service as Class IV employees in aided Ashram Schools, are entitled to higher pay scale as per Government Resolutions dated 18th September, 2000, 8th June, 1995 and 27th March, 2000.

Judgment Excerpts

In the present petition the petitioners Class IV / Group ‘D’ employees of aided Ashram School, have prayed for directions to the respondent to grant them higher pay scale after completion of 12 years of service from the date of their initial appointment and to grant all consequential benefits that might have accrued to them.

Procedural History

The writ petition was filed in 2012. Rule was issued and made returnable forthwith. Heard finally with consent of parties.

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