Case Note & Summary
The petitioner, a teacher, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to count his services from 1980 instead of 1984 for the purpose of grant of selection grade, and to fix his pay scale accordingly. He claimed to have joined St. George School, Malad in 1979-1980 on an undergraduate scale for one year, and then served from 1980 to 1984. However, the service book indicated his appointment only from 1984. The court noted that the petitioner failed to produce any evidence of continuous service between 1980 and 1984. The burden of proof was on the petitioner to establish the continuity, which he did not discharge. Consequently, the court dismissed the petition, holding that the petitioner was not entitled to the relief sought.
Headnote
A) Service Law - Selection Grade - Counting of Past Service - The petitioner sought counting of service from 1980 instead of 1984 for selection grade benefits - Court held that the petitioner failed to establish continuous service from 1980 to 1984, as the service book showed appointment only from 1984 - Burden of proof lies on the petitioner to show continuity - Petition dismissed (Paras 2-5).
Issue of Consideration
Whether the petitioner is entitled to have his services counted from 1980 instead of 1984 for the purpose of grant of selection grade, and whether the respondents can be directed to fix pay and grant selection grade accordingly.
Final Decision
The petition is dismissed. The court held that the petitioner failed to establish continuous service from 1980 to 1984, and the service book indicated appointment from 1984. No direction to count service from 1980 or grant selection grade from June 2004.
Law Points
- Article 226 of the Constitution of India
- Selection Grade
- Service Continuity
- Burden of Proof
- Writ of Certiorari
- Writ of Mandamus
Case Details
Writ Petition No.727 of 2006
S.C. Dharmadhikari, Prakash D. Naik
Mr. Sainand Chougule for Petitioner, Mr. Milind More Addl. G.P. for Respondent No.1
State of Maharashtra, Deputy Director of Education, Education Inspector (South Zone), School of the Sacred Heard
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking counting of past service for selection grade benefits.
Remedy Sought
Petitioner sought a writ of certiorari or mandamus directing respondents to count his services from 1980 instead of 1984 for selection grade, fix pay accordingly, and prevent recoveries.
Filing Reason
Petitioner claimed his service book showed appointment from 1980 but respondents considered only 1984 onwards for selection grade.
Issues
Whether the petitioner is entitled to have his services counted from 1980 for selection grade purposes.
Whether the petitioner established continuous service from 1980 to 1984.
Submissions/Arguments
Petitioner argued that he joined St. George School in 1979-1980 and served from 1980 to 1984, and his service book reflected appointment from 1980.
Respondents contended that the service book showed appointment only from 1984 and petitioner failed to prove continuity.
Ratio Decidendi
The burden of proof lies on the petitioner to establish continuous service for the period claimed. In the absence of evidence, the service book entry of appointment from 1984 prevails.
Judgment Excerpts
The petitioner is a teacher. He joined St. George School, Malad, Mumbai on undergraduate scale for a period of one year during the year 1979–1980. Thereafter, from the year 1980 to 1984 for a period of four years, the petition...
Procedural History
The petitioner filed Writ Petition No.727 of 2006 before the Bombay High Court under Article 226 of the Constitution of India. Judgment reserved on September 14, 2017, and pronounced on November 17, 2017.
Acts & Sections
- Constitution of India: Article 226
