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Supreme Court of India 2020-02-27 partly_allowed

SHRI MARUTI TUKARAM BAGAWE & ORS vs THE STATE OF MAHARASHTRA AND ANR

Bench: 2 — Ashok Bhushan, Mohan M. Shantanagoudar

In Brief

State government employees working as Junior Clerks in District Treasuries received higher pay scales (Deputy Accountant) under a 2004 Government Resolution. A subsequent 2008 Resolution withdrew this benefit. The Supreme Court upheld the withdrawal as a valid exercise of executive power. It held that the 1995 Resolution only entitled Junior Clerks to Senior Clerk scale (the next promotion), not Deputy Accountant scale. Crucially, the Court allowed employees to retain benefits received until the Tribunal finally rejected their claim in 2014, not from the 2008 withdrawal date, as benefits were given under a High Court interim order protecting them until final adjudication.

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