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Supreme Court of India 2019-03-06 allowed

Giridhar vs State of Maharashtra & Ors

Bench: 2 — M.R. Shah

In Brief

A college lecturer was appointed in 1989 against a post reserved for scheduled tribes because no qualified candidates from that category were available. He continued working for over two decades under government policy pending de-reservation. After making continuous representations from 1997 seeking proper pay fixation and de-reservation from his appointment date, and following government directives to exhaust administrative remedies before approaching courts, he filed a writ petition in 2011. The High Court granted relief but limited monetary arrears to three years before the petition. The Supreme Court held the employee is entitled to all benefits from his original appointment date in 1989, as he could not be held responsible for the State's delay in processing his representations."

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Administrative Law Service Law Constitutional Law Statutory Benefits Reservation Delay in Litigation

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