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2014 Supreme(Bom) 2167

R.V.GHUGE
Executive Engineer – Appellant
Versus
Anjali Anil Tare – Respondent


Advocates Appeared:
For the Appellant :Dhananjay Deshpande, Advocate
For the Respondents:S.Y. Mahajan, Advocate

JUDGMENT

R.V. Ghuge, J.

1. Rule. Rule made returnable forthwith by the consent of the parties and heard finally. This Court has considered the submissions of the rival parties at length. The petitioners have challenged the judgment and order dated 19.11.2013, delivered by the Industrial Court, Jalgaon in Complaint (ULP) No. 38 of 2009, filed by the respondent.

2. A short issue has been raised for the consideration of this Court. In two other Writ Petition Nos. 741 and 745 both of 2013, this Court has decided a similar challenge on 24.9.2014.

3. The respondent was appointed as a Lower Division Clerk ("LDC") in 1977. She passed her lower division grade examination on 30.3.1980 and later on she became eligible for promotion as Upper Division Clerk ("UDC"). On promotion, she was working as UDC till 1997, when she was transferred from Jalgaon to Parbhani. In order to continue at Jalgaon, due to personal reasons, she opted for a reversion from the post of UDC to LDC. She joined the office of the petitioners at Jalgaon in 1997 on the reverted post of LDC.

4. On 5.11.2008, the respondent gave an application for fixation of her pay. It was in June 2009 that the petitioners realised that the resp













































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