1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.375 OF 2008 (State and others vs. Ramkrishna Shankarrao Sarode) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : MARCH 17, 2008 Heard Shri Khubalkar, learned Assistant Government Pleader for the petitioners, and the respondent in person. The petition is directed against the order dated 14.8.2007 passed by the Maharashtra Administrative Tribunal whereby original application filed by the respondent came to be allowed and petitioners were directed to consider the case of the respondent for grant of selection grade with effect from 1.1986 instead of 17.12.1986 in view of Government Resolution dated 23.3.1990 after counting his service as Lecturer from 1.7.1969 on continuous basis and grant respondent all the consequential benefits 2 arising therefrom based on such revision and re-fixation of pay. Shri Khubalkar, learned Assistant Government Pleader for the petitioners, states that respondent was initially appointed on the post of Lecturer with effect from 1.7.1969. However, the said appointment was ad hoc in nature. It is contended that the respondent for the first time was appointed on regular basis vide order dated 17.11.1972 and, therefore, so far as grant of selection grade is concerned, the relevant date is 17.12.1986 and the petitioner is not entitled to get the benefit of selection grade on the basis of his first ad hoc appointment and, therefore, impugned order passed by the Tribunal is liable to be set aside. We have considered the contentions canvassed by the learned Counsel for the petitioner and the respondent in person and perused the impugned order. Perusal of the order dated 17.11.1972 shows that Government sanctioned appointments including that of respondent in the Maharashtra Education Services Class II on probation for a period of two 3 years with effect from the date of issuance of orders for those, who are already working in their respective posts and in respect of new selectees from the date they take over the charge of their respective posts. The Tribunal in para (12) of its order has taken into consideration all the relevant facts and circumstances and concluded the issue by directing the present petitioners to consider the case of the respondent for grant of selection grade with effect from 1.1.1986 instead of 17.12.1986 in view of Government Resolution dated 23.3.1990. Considering the facts and circumstances involved in the present petition, according to us, no case is made out for showing indulgence. The petition is, therefore, dismissed. JUDGE JUDGE khj