Entitlement to Selection Grade Pay Scale Despite Placement on Supernumerary Posts Following Tribe Claim Surrender

Case
SUNITA DAYANAND BIRHARI v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER (Bombay High Court, 23-07-2026)
Law
Constitution of India, Service Law, Administrative Law.

Highlights of the Judgment:

  • Examination of the entitlement to selection grade pay scale upon completion of twenty-four years of continuous service.
  • Analysis of the impact of surrendering a tribe claim in favor of Special Backward Class status on accrued service benefits.
  • Interpretation of Government Resolution dated 21.12.2019 regarding the placement of employees on supernumerary posts.
  • Judicial scrutiny of the retrospective application of administrative orders to deny previously matured financial benefits.
  • Application of the principles of equity and non-arbitrariness under Article 226 of the Constitution of India.
  • Determination of whether placement on a supernumerary post nullifies prior eligibility for higher grade pay scales.