Dr. Madhavi Vilas Shandilya v. The State Of Maharashtra, Through The Principal Secretary And ORS.
hcs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1037 OF 2018 Dr.Madhavi Vilas Shandilya ...
Petitioner.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
WITH WRIT PETITION NO.1039 OF 2018 Dr.S.S.Gadekar ...
Petitioner.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
WITH WRIT PETITION NO.3256 OF 2019 Dr.Saroj P. Hiremath & Ors.
...
Petitioners.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
WITH WRIT PETITION NO.9707 OF 2017 Dr.Anand B.Kulkarni & Ors.
...
Petitioners.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
WITH WRIT PETITION NO.9860 OF 2017 Dr.Snehal N. Sonawane ...
Petitioner.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
WITH WRIT PETITION NO.10067 OF 2017 Dr.Jayashree R. Patankar ...
Petitioner.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
1/3
WITH WRIT PETITION NO.13319 OF 2017 Dr.N.P.Deshpande and Anr.
...
Petitioners.
V/s.
The State of Maharashtra & Ors.
...
Respondents.
Ms.Devyani Kulkarni for the Petitioner in WP Nos.1037/2018, 9707/2017, 10067/2017, 13319/2017 and 3256/2017. Mr.Vinayak R. Salunkhe for the petitioner in WP No.13229/2017.
Mr.Mihir Joshi for the petitioner in WP No.1039/2018. Mr.S.B.Kalel AGP for the Respondent-State.
CORAM : R. M. BORDE AND N. J. JAMADAR, JJ.
DATE : 3RD JULY, 2019.
P.C.:
1] The issue raised in the instant petitions is no more res-integra and is covered by the decision rendered by this Court in Writ Petition No.10283 of 2012 and other companion matters decided on 21st November, 2013. For the reasons recorded while disposing of the aforesaid writ petitions, the instant petitions also deserves to be allowed and are, accordingly, allowed.
2] Since the concerned institutions are not stated to have tendered the proposal for stepping up pay of the petitioners, it is directed to the institutions to tender proposal to the Joint Director of Higher Education - Respondent No.3 as expeditiously as possible and preferably within eight weeks from today. On receipt of proposal, Respondent No.3 shall take necessary action to step up the pay of the petitioners so as to be at par with juniors where all the parameters are same 2/3
and shall not discriminate only because the junior teachers have acquired Ph.D degree during implementation of benefits under 6th pay commission. The salaries of the petitioners shall be re-fixed and arrears be paid within a period of six months from the date of fixation. In the case of the petitioners, who have already retired, their pension shall be refixed accordingly. Rule is made absolute accordingly. There will be no order as to costs.
(N. J. JAMADAR, J.) (R. M. BORDE, J.) 3/3