Mr. Pravin Kamalakar Mahadik And ORS v. The State Of Maharashtra Thru The Secretary Higher Technical Edu. And Employment Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3276 OF 2019 1.

Mr. Pravin Kamalakar Mahadik Age-Adult R/o.-130-D, Kesarkar Peth Opposite Pisal Archet, Satara, Maharashtra-Pin 415002 Adhar No.8852 2130 4651 Mr. Hemant Devidas Goud Age-Adult R/o.-4, Hemshali, Pawar Colony (Ramnagar)Shahupuri Satara, Pin:415002 Adhar No:4223 0206 7879 Mr. Avinash Hari Namdas Age-Adult (Retired) R/o.-Rahimtpur Road, Godoli Sangam Cooperative Housing Society Godoli (Vilaspur), Satara Pin:415002 Adhar No:8366 6687 7468 Mr. Nitin Gopalrao Shirsat Age-Adult R/o. Plot No 20, Prasad Hou. Society, Soham, Sadar Bajar (Khed), Behind New MHADA Colony, Satara PIN-415001 Adhar No:897519083304 ... Petitioners

Versus

1.

The State of Maharashtra Through the Secretary,

2 5-wp-3276-2019 - Higher Technical Eduction and Employment Department, Mantralaya, Mumbai 400 032.

The Director of Technical Education, 3 Mahapalika Marg, Mumbai-400 001.

Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2024.02.13 18:02:02 +0530 ASHVINI BAPPASAHEB KAKDE Joint Director of Technical Education (Pune Region) 412, E, Shivaji Nagar Bahirat Patil Chowk, Pune PIN-411016.

Satara Education Society Through its Chairman, C/O. Anant English School 148, Mangalwar Peth, Satara PIN-415002.

... Respondents ----- Mr. Suresh Pakale a/w. Mr. Nilesh Desai i/b. Mr. S. M. Katkar for Petitioners. Mr. S. L. Babar, AGP for Respondent-State.

Mr. Aditya A. Joshi h/f. Abhijeet A. Joshi for Respondent Respondent No.3. Mr.Rajshekhar V. Govilkar, Sr. Advocate i/b. Mr. Mihir Govilkar for Respondent No.4.

----- CORAM :

A. S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ.

DATE :

5th DECEMBER 2023 Oral Judgement (Per A. S. Chandurkar J.):- 1.

Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties. Despite service Respondent No.4 has not chosen to contest the prayers made in the Writ Petition.

3 5-wp-3276-2019 - The Petitioners are members of the non-teaching staff engaged at the College that is run by Respondent No.4 - Society. The Petitioners seek arrears of salary for the period from October 2017 to January 2019. Our attention is invited to the judgment dated 16.08.2018 in Writ Petition No.8493 of 2004 in the matter of Shri. Salunkhe Jayawant Vishnu & Ors. Vs. The State of Maharashtra & Ors. wherein similar relief was sought by other members of the teaching and non-teaching staff engaged by Respondent No. 4. This Court directed payment of salary as well as revised pay scale to the said Petitioners.

The averments made by the Petitioners of not being paid their salaries from October 2017 to January 2019 have gone uncontroverted. Since it is the primary responsibility of Respondent No.4 to make such payment, the Writ Petition is disposed of by directing the said Respondents to pay the Petitioners their arrears of salary for the period from October 2017 to January 2019 as per the applicable pay scale within a period of three months of receiving a copy of this order. On failure to make such payment on the expiry of period of three months, the amount due would carry interest at the rate of 6% per annum from the date of this order till actual payment. The Petitioners would be entitled to the benefit of the judgment of this Court in

4 5-wp-3276-2019 - the matter of Shri. Salunkhe Jayawant Vishnu & Ors. (supra) while receiving payment in accordance with the appropriate pay scale. Rule is disposed of in the aforesaid terms with no orders as to costs. (FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)