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2015 Supreme(SC) 1552

MADAN B.LOKUR, S.A.BOBDE
State of Maharashtra – Appellant
Versus
Tara Ashwin Patel – Respondent


Advocates Appeared:
For the Petitioners: Dr. K.P. Kylasanatha Pillay, Sr. Adv., Mahaling Pandarge, Nishant Ramakantrao Katneshwarkar, AOR.
For the Respondents:Niloufer Bhagwat, Sanjiv Das, Parmanand Gaur, AOR, Abhijat P. Medh, AOR, Chirag M. Shroff, AOR, Swati Vaibhav, Advocate.

ORDER :

Leave granted.

2. The challenge in this batch of cases is primarily to the order dated 13th January, 2006 passed by the Bombay High Court. The Civil Appeal Arising out of SLP(C) No. 20503 of 2006 has been taken as the leading case since the facts and the issues of law are common in all these cases.

3. The respondents were working as Demonstrators/Tutors in various Government colleges of Arts/Science/Commerce faculties. Apparently, with a view to upgrading their posts, The Government of Maharashtra passed a resolution on 25th October, 1977 upgrading the post of Demonstrator/Tutor from the beginning of the academic year 1975-76, i.e., from 1st July, 1975. There were certain conditions required to be fulfilled for taking the benefit of the upgradation, viz., that incumbent must possess the qualification for the post of Lecturer and that there would be some period of probation etc. We are not concerned with these conditions. The relevant part of the Resolution dated 25th October, 1977 reads as follows:

    "XIII. Conversion of posts of Demonstrators/Tutors:- Non-Government Colleges of Arts/Science/Commerce faculties shall, As Already Directed Earlier - A) Upgrade, with effect from the

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