Entitlement to Selection Grade Pay Scale Despite Placement on Supernumerary Posts Following Tribe Claim Surrender
🔒 For Members Only
Case: SUNITA DAYANAND BIRHARI v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
Court: Bombay High Court
Date: 23-07-2026
Law: Constitution of India.
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.