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2019 Supreme(Bom) 755

S.V.GANGAPURWALA, A.M.DHAVALE
PREMCHAND – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
Avishkar S Shelke, Adv., P.K. Lakhotiya, Adv., Naseem R Shaikh, Adv.

JUDGMENT :

A. M. DHAVALE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal at admission stage.

2. The petitioner assails the order of respondent No. 2/Dy. Director of Education dt. 18.08.2016 and the order of Principal, College of Education (respondent No. 6) dt. 04.07.2017 whereby his pay and pay scale were reduced and direction for recovery of excess payment made to him was passed.

3. Certain facts are not in dispute.

(a) The petitioner was B.A. B.Ed. and was appointed as Assistant Teacher on 16.06.1989 in Secondary School in respondent No. 5 / Institute in pay scale of Rs. 1400-2600. His appointment was approved and confirmed with effect from 16.06.1989 and 01.09.1992, respectively.

(b) In 1996, his pay scale was fixed as per 5th Pay Commission as Rs. 5500-175-9000/-. On 16.06.2001, the petitioner completed 12 years of service and the Management granted him benefit of time bound/first ACPS with effect from 16.06.2001. By order dt. 12.04.2008, his pay was fixed at same pay of Rs. 6900 but in the pay scale of




































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