RAJENDRA GHORPADE Vs. JOINT DIRECTOR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Government Pleader appearing for the respondent- State.

(2.) The petitioner by this petition under Article 226 of the Constitution of India prays that the order dtd. 22/05/2018 passed by the respondent no.1 be quashed and set aside by which recovery was ordered stating that the petitioner was wrongly given the benefit of Time Bound Promotion Scale ('TBPS', for short) earlier than the date otherwise due. The petitioner further prays for a direction to the respondents to grant senior scale and other benefits of service to the petitioner from the initial date of his appointment i.e. 02/01/1995.

(3.) The facts of the case in brief are that by an order dtd. 23/12/1994, the petitioner was appointed on a clear and vacant post of Assistant Teacher reserved for Scheduled Caste ('SC', for short) category in respondent no.3- School. The petitioner belongs to SC category. The petitioner was appointed on probation with effect from 02/01/1995. The appointment was by following the procedure prescribed under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ('MEPS Act', for short). Since his initial posting on 02/01/1995, the petitioner has been in continuous service without any break.