(1) WP 7631.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7631 OF 2008 Shivappa Narappa Wajge PETITIONER VERSUS The State of Maharashtra and anr. RESPONDENTS ..... Mr. Rajendra Deshmukh, Advocate for the Petitioner. Mr. V.B. Ghatge, A.G.P. for the Respondent-State. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 29TH JULY, 2011 ORAL ORDER: 1. The Petition is directed against the order of the Maharashtra Administrative Tribunal dismissing the petitioner's application. The petitioner had claimed that since he has been granted a deemed date of promotion as a Senior Office Clerk with effect from 4.12.1971, he is entitled to all benefits attached to that post. Indisputably, the deemed date has been granted to the petitioner after he retired from service. The order dated 13.3.2005, by which he has been granted the deemed date, stipulates that the petitioner would be entitled to this deemed date for (2) WP 7631.2008 the purposes of pay fixation and pensionary benefits by relaxing Rule 32 of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981. The order specifically provides that arrears of pay fixation would not be available to the petitioner. 2. The learned Advocate appearing for the petitioner has submitted before us that the petitioner having worked as a Senior Office Clerk for 10 months, he ought to be given the pay-scale for the entire period from 04.12.1971 i.e. the deemed date of promotion till he retired from service. 3. In our opinion, the Tribunal has decided the issue correctly. In paragraph 10 it has considered the rules applicable and held that the petitioner is not entitled to the amount. Petition is rejected. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp/