Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Service Career Development Scheme – Government Resolution dated 8.6.1995 provided Group C and D employees pay-scale of next promotional post after completion of 12 years of continuous service – By Resolution dated 26.10.2004 accorded sanction to grant pay-scale of ‘Deputy Accountant’ to the ‘Junior Clerks’ who had passed Account Clerk examination and completed 12 years of continuous Service – Senior clerks moved Administrative Tribunal stating that the post of ‘Deputy Accountant’ being promotional post for ‘Senior Clerk’ and not ‘Junior Clerk’, upgradation of pay-scale of ‘Junior Clerk’ resulted in anamoly to ‘Senior Clerks’ – Tribunal struck down the Resolution dated 26.10.2004 – Writ Petition was filed by ‘Junior Clerks’ – During pendency of the writ, Government by Resolution dated 11.9.2009 withdrew the Resolution dated 26.10.2004 – By letter dated 6.10.2009 Government stated that the benefit under Resolution dated 26.10.2004 would continue subject to undertaking by the beneficiaries that if High Court approved the Resolution dated 11.9.2009, the government would recover the benefits – Accordingly undertaking taken from the beneficiaries – In the meantime ‘Junior Clerks’ challenged the Resolution dated 11.9.2009 – Writ Petition of the Senior Clerks was disposed of directing that benefit given pursuant to letter dated 6.10.2009 not to be withdrawn till the Administrative Tribunal decides the challenge to Resolution dated 11.9.2009 – Administrative Tribunal by order dated 4.12.2014 upheld the Resolution dated 11.9.2009 – In writ petition against the order of Tribunal, High Court upheld the Resolution dated 11.9.2009 – However, the Government directed that recovery of excess amount as per undertaking would be of the amount paid after 11.9.2009 and not prior thereto – Appeal to Supreme Court – Held: State Government withdrew the Resolution dated 26.10.2004 by its Resolution dated 11.9.2009 realizing that the former Resolution created anomalous situation – Therefore Tribunal rightly upheld the Resolution dated 11.9.2009 – Junior Clerks were not entitled for the pay-scale of Deputy Accountant as this was not the promotional post for the post of Junior Clerks – The benefits received by the Junior clerks till 4.12.2014 (date of order of Tribunal) were under the orders of High Court – Therefore, the benefits received till 4.12.2014 not to be withdrawn. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 229 |
Petitioner | Shri Maruti Tukaram Bagawe And Ors. |
Respondent | The State Of Maharashtra And Anr. |
SCR | [2020] 3 S.C.R. 1034 |
Judgement Date | 2020-02-27 |
Case Number | 1759 |
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