VISHWANATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed under Article 226 of Constitution of India for issuing direction to respondents to grant/sanction full pay scale applicable to the posts, which were held by the petitioners with effect from their date of appointment. Both the sides are heard.

(2.) The submissions made show that according to the petitioners, petitioner No. 1 was appointed as Watchman by respondent Management in the year 1997, petitioner No. 2 was appointed on 1.4.2000 as Sweeper, petitioner No. 3 was also appointed as Sweeper, but on 15.6.2003 and petitioner No. 4 was appointed as Assistant (enruhl) on 12.2.1996. All of them were appointed in the pay scale of Rs.750/- p.m. It is not disputed by the petitioners that from the year 1996 to 1997, there were different pay scales for different posts and consolidated salary was paid to the petitioners and the appointments were temporary in nature.

(3.) By issuing Government Resolution ('GR' for short) dated 18.8.2004, the State Government came with policy to create staffing pattern for the schools which were created for handicapped students and also for the hostels annexed to such schools. Not only staffing pattern was created, it was made clear that the posts which were shown in the staffing pattern will only be available, sanctioned and the eligibility condition which were mentioned in the G.R. will be applicable for appointing staff on those posts.