The main legal point established in the judgment is that the exercise of option for pay fixation within the specified time frame as per the Government Resolutions cannot be challenged after a significant period, especially when the employee had no fault in the pay fixation.

A.V. Nirgude and A.I.S. Cheema, J.

Petitioner Babulal Thakre was working as Assistant Teacher with Respondent No.4. Respondent No.3 - Senior Auditor of Education Department while verifying revision of payscale as per 5th Pay Commission in 2002, raised objections that in 1979 there was wrong fixation of pay and directed recovery. Hence the Petition.

2. Facts can be stated in brief as follows:

(A). Petitioner claims that he was appointed as Assistant Teacher in the High School at Tamaswadi, of Respondent No.4 on 12th June 1974. Payscale of the staff was revised under Badkas Pay Commission vide Government Resolution dated 19th January 1976, with effect from 1st April 1974. Respondent No.4 - School suspended the Petitioner on some charges, from 16th September, 1976. He was reinstated on 1st April 1977. Again the School terminated the Petitioner on 11th June 1977. Petition shows various authorities moved by the Petitioner and the matter was carried to High Court in Writ Petition No.1399 of 1979. Petitioner succeeded and he was reinstated on 12th November 1979. Thus Petitioner was terminated on 11th June 1977 and got reinstated on 12th November 1979. In between, on 29th April 1978 Government Resolution was issued applying Bhole Pay Commission to the employees of Government and Non Government Schools, w.e.f. 1st April 1976. Petition refers to Government Resolution dated 29th April 1978 (relevant extract Exhibit A) and Government Resolution dated 2nd August 1978 (Exhibit A1) and it is claimed that as per the G.R.s option was to be exercised by the employees within three months to fix their pay in revised payscales and in the absence of declaration, the employees were to be deemed to have elected the revised scales of pay w.e.f. 1st April 1976. The schools were directed to bring the contents of the G.R.s to the notice of the employees whether on duty, leave, deputation or under suspension and to advise them to declare their options. The Petitioner, however, was at the relevant time, out of employment and thus there was no question of his exercising option till he got reinstated on 12th November 1979. Petition claims that within three months of joining his duties, Petitioner exercised his option for application of Bhole Pay Commission w.e.f. 12th June 1977, the date of his termination by Respondent No.4. His payscale was accordingly fixed and the same was verified by Senior Auditor vide orders dated 26th March 1980.

(B). According to Petitioner the Government of Maharashtra applied 4th Pay Commission w.e.f. 1st January 1986 vide orders dated 2nd September 1988 and his payscale was fixed after revision, which was verified by Deputy Director of Education (Respondent No.2). Later, under G.R.'s dated 2nd September 1989 and 15th January 1990, Respondent No.4 School Committee vide order dated 4th March 1990 sanctioned Senior Grade to Petitioner w.e.f. 1st June 1986. Even this was verified and certified by Senior Auditor of Education Department, Jalgaon. Petitioner has filed Exhibits B to D in support of such fixation and verification of payscales.

(C). It is further case of Petitioner that vide G.R. Dated 13th May 1999, 5th Pay Commission was applied and Respondent No.4 granted Selection Grade to the Petitioner in the 5th Pay Commission w.e.f. 1st January 1996 but the same was yet to be verified. Petitioner was again suspended on 1st June 2000 by Respondent No.4 but as per orders in Writ Petition No.2936 of 2000, he got reinstated on 2nd December 2000. Service Book of the Petitioner was sent for verification to Respondent No.3 - Senior Auditor by Respondent No.4. On this occasion, Respondent No.3 raised objections that while applying Bhole Pay Commission, option was exercised twice, which was not permissible. Respondent No.3 called explanation of Respondent No.4 and Respondent No.4 vide letter dated 12th March 2001 informed that option was not exercised twice. However, Senior Auditor - Respondent No.3 reported to Deputy Director of Educa