DIGAMBAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally at the stage of admission.

(2.) The present petition was originally filed by Digambar Vitthal Gaikwad praying for payment of entire amount of gratuity, pension and all other retiral benefits with interest. During pendency of the present petition, petitioner Digambar Gaikwad has unfortunately expired and his legal representatives have been brought on record.

(3.) It is the case of the petitioner that he holds the qualification of "Ayurvedacharya" 'Bachelor of Shudda Ayurved Medicine' (B.S.A.M.). On the basis of the said qualification the petitioner came to be appointed on the post of Medical Officer on 5/12/1978. As per the Schedule II of the Maharashtra Civil Services (Revised Pay) Rules 1988, the revision of earlier pay scales was carried out. Prior to the Rules of 1988, two pay scales were admissible in respect of the post of Medical Officer. For those holding allopathic qualifications or those mentioned in part 'A' of Schedule to the Maharashtra Medical Practitioners Act, the pay scale of Rs.395.00800 was admissible. For all others slightly lower pay scale Rs.365.00760 was admissible. By the Rules of 1988, the said pay scales were revised and replaced by Rs.2000.003200 and Rs.1640.002900 respectively.