STATE OF MAHARASHTRA Vs. MANOHAR GOPALJI SHAH

JUDGEMENT

(1.) By present petition under Articles 226 and 227 of the Constitution, petitioner - State of Maharashtra has prayed for issuing a writ in the nature of certiorari and/or suitable writ for quashing and setting aside the judgment and order dated 15.10.2007 passed by Maharashtra Administrative Tribunal in Original Application No. 7 of 2005, amongst other directing to fix pay of respondent Nos. 1 to 8 on par with their juniors on the date of their promotion as Executive Engineers.

(2.) The respondent Nos. 1 to 8 initially appointed as Overseers in Public Works Department of the petitioner and during course of service ultimately retired as Executive/Superintending Engineers had preferred said original application before Tribunal with prayers:

(3.) The Tribunal though had partly upheld claim of the respondents and given the direction as narrated in paragraph number 1 hereinabove, had further observed of the respondents being not entitled to any back wages from deemed date of promotion to the date of actual promotion, however, respondents be paid difference of pay drawn when respondents became Executive Engineer and pay paid to their Junior colleagues on that day till their retirement with consequent effect on their pension.