Balaji Ganpat Giri v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4030 OF 2016 Balaji S/o Ganpat Giri Petitioner

Versus

The State of Maharashtra & others Respondents Mr. Amit A. Mukhedkar advocate for the petitioner Mr. K.D. Mundhe, AGP for Respondent No.1 & 4 Mr. R.K. Ingole advocate for respondent Nos.2 and 3. _______________ CORAM : R.M. BORDE & SANGITRAO S. PATIL, JJ (Date : 21st November, 2016 .) PER COURT :- The petitioner is praying for quashment of the order dated 14.3.2016, issued by the Chief Executive Officer, Zilha Parishad, directing payment of benefits of grade pay to the petitioner. The petitioner claims that, on completion of 12 years service, as per the Policy of the Government, he is entitled for the pay scale prescribed for promotional post, which has been denied to him. Counsel appearing for respondent has pointed out that, since the petitioner was working as a helper in Zilha Parishad and

{2} wp 4030.16.odt the said post is an isolated post and no promotional post is provided for, the claim of the petitioner that, pay scale of promotional post of mechanic should be awarded to him is not in consonance with the Recruitment Rules framed by the Zilha Parishad. The feeder cadre for the post of Mechanic is the post of air compressor operator, whereas the petitioner was working as helper. Since the promotional avenue is not available to the post of helper, he has been awarded only grade pay of promotional post.

We do not find any irregularity in the action of the Chief Executive Officer, Zilha Parishad, in awarding grade pay to the petitioner instead of awarding benefits of promotional pay scale. No interference is called-for, under extraordinary jurisdiction under article 226 of the Constitution of India. Petition is devoid of substance and stands disposed of.

(SANGITRAO S. PATIL, J) (R.M.BORDE, J) vbd