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Supreme Court of India 2019-03-06 allowed

GIRIDHAR vs THE STATE OF MAHARASHTRA STATE OF MAHARASHTRA

Bench: 2 — Navin Sinha, M. R. Shah

In Brief

An employee appointed as a Lecturer in 1989 against a reserved post (scheduled tribe category), despite not belonging to that category, later sought de-reservation and arrears of pay from his original appointment date. The High Court granted his claim but restricted arrears from 2008 onwards (three years before filing the petition). The Supreme Court allowed the appeal, holding that since the employee had made continuous representations since 1997 and was statutorily barred from approaching court directly, the delay was not attributable to him. Therefore, he was entitled to all monetary benefits and arrears from his original appointment date of 26.12.1989.

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Service Law Constitutional Law Administrative Law Employee Benefits De-reservation of Posts Scheduled Caste Reservation Arrears and Gratuity

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