Facts: The petitioner, appointed as an Assistant Teacher in a school reserved for the Scheduled Caste (SC) category in 1995, was initially appointed on probation. He became eligible for Time Bound Promotion Scale (TBPS) in 2007. However, the respondent directed recovery of increments granted from 1995-1999, arguing the initial appointment was temporary due to a prior appointee, Mr. Vinayak Prabhu, challenging his termination. The petitioner challenged this recovery order.
Procedural Posture: The petitioner filed a writ petition under Article 226 of the Constitution of India in the High Court of Bombay, seeking to quash the order directing recovery of increments and to direct the respondents to grant senior scale benefits from the initial date of appointment.
Issue: Whether the petitioner is entitled to the benefits of TBPS from the initial date of his appointment, despite the respondents' contention that his initial appointment was temporary due to a prior appointee's challenge to his termination and the post not being a clear vacancy?
Holding: Yes, the petitioner is entitled to the benefits of TBPS from the initial date of his appointment. The impugned order directing recovery of increments was quashed.
Reasoning: The Court found that the respondent's contention that the petitioner was not appointed on a clear and vacant post was "completely misconceived". The Court noted that Mr. Vinayak Prabhu was accommodated on another post, indicating the petitioner's post was indeed clear and vacant. The petitioner belonged to the SC category and was appointed following due procedure. The court also highlighted that the petitioner had been granted increments from the initial date of appointment. The court held that the challenge by Mr. Vinayak Prabhu cannot be a basis for considering the petitioner's appointment as temporary. The court issued a writ of certiorari quashing the impugned orders and a writ of mandamus directing the respondents to grant senior scale and other benefits of service to the petitioner from the initial date of his appointment.