The Zilla Parishad, Amravati Thr. ... vs Ganesh Gulabrao Navale
2022 Latest Caselaw 7797 Bom

                                                                                                                                     1008 WP 4698 of 2022.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                        WRIT PETITION NO.4698/2022

 The Zilla Parishad, Amravati through its Chief Executive Officer, Zilla Parishad,
                             Amravati and another
                                   ...Versus...
                           Ganesh Gulabrao Navale

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                                        Shri J.B. Kasat, Advocate for petitioners



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 10/08/2022

1. Heard Shri Kasat, learned counsel for the petitioners. The petition challenges the judgment dated 20/12/2021 (pg.56), whereby the claim of the respondent for benefit of arrears from 01/11/1997 to 31/12/2005 on account of financial benefits for time-bound promotion as a Junior Engineer under the Government Resolution dated 20/05/1999 has been allowed. It is the contention of Shri Kasat, learned counsel for the petitioners that the Government Resolution dated 20/05/1999 was clarified by the Government Resolution dated 28/07/2014 (pg.39) whereunder the benefit was not available unless 45 years were completed or the employee had passed the departmental 1008 WP 4698 of 2022.odt

examination (pg.43). It is contended that the respondent had completed 45 years on 17/01/2007 (pg.57), as a result of which, he was not eligible to be paid the aforesaid benefit for the duration stated above and the said clarificatory Government Resolution was not placed before the learned Industrial Court, which has led to the impugned judgment.

2. Issue notice for final disposal to the respondent, returnable on 30/08/2022.

3. The petitioners shall serve the respondent by all modes permissible in law. Hamdast granted.

4. Till the returnable date, by an ad interim order, there shall be a stay to the impugned judgment.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:10.08.2022 18:27