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Bombay High CourtWP/10759/2014disposed offdismissed for default

Kshamankar Sudhir Sarvade v. The State Of Maharashtra And Another

2015-07-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD WRIT PETITION NO. 10759 OF 2014 Kshamankar Sudhir Sarvade .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri B. A. Shinde, Advocate for the Petitioner. Shri D. B. Bhange, A.G.P. for the Respondent No. 1. Shri K. B. Jadhav, Advocate for the Respondent No. 2. CORAM :

S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE :

07TH JULY, 2015.

PER COURT :

.

Mr. Shinde, the learned counsel for the petitioner states that, initially the petitioner was appointed on Group - D post. Thereafter he was given appointment on Group - C post, but as he did not pass examination within stipulated period, he was relieved from the service. However, subsequently on or about 10.06.2015, the petitioner is given appointment on Class-III post.

2.

The learned counsel submits that, in the light of that, grievance with regard to appointment stands redressed. However, the learned counsel submits that, the petitioner is not given salary from the date he was relieved that is from 01.07.2014 to 10.06.2015. According to the learned counsel, this Court in similar circumstances had granted backwages to the said employee.

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We have heard the learned counsel for respondents also. 4.

The major grievance of the petitioner stands satisfied, as the petitioner is reappointed on the post of Class-III as contended by the learned counsel for the petitioner himself, we are not inclined to grant salary from 01.07.2014 to 10.06.2015, however we direct the said period shall be counted for the purpose of continuity of service and for further benefits. The writ petition accordingly is disposed of. No costs.

[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] bsb/July 15