ROOPALI Vs. COLLECTOR, NAGPUR AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

(2.) THE petitioner has approached this Court being aggrieved by the order passed by respondent No. 1 dated 26.02.2015 thereby granting stay to the resolution passed by respondent No. 3 Municipal Council dated 25.08.2014 thereby making applicable higher payscale in the Graduate Teachers' cadre to the petitioner.

(3.) THE learned counsel appearing on behalf of respondent No. 2 on the contrary submits that since respondent No. 2 is senior in service to the petitioner and since she possesses the requisite qualifications on the date on which the resolution is passed by the respondent No. 3 - Municipal Council, the respondent No. 3 - Municipal Council erroneously granted higher pay -scale to the petitioner. The learned counsel relying on the decision of the Apex Court in the case of Viman Vaman Awale vs. Gangadhar Makhriya Charitable Trust reported in : 2014 (5) Bom. C.R. 529, submits that since respondent No. 2 is senior to the petitioner, she would be entitled to a higher pay -scale in preference to that of the petitioner.