Satish Dinkarrao Deokar And ORS v. The State Of Maharashtra Thr. Secretary Of Ministry Of Higher And Technical Education And ORS
93.8698.21-wp.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by BASAVRAJ GURAPPA PATIL Date:
2022.10.11 11:01:45 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 8698 OF 2021 Satish Dinkarrao Deokar & Ors.
..... Petitioners Vs.
State of Maharashtra & Ors.
..... Respondents Mr. Umesh Kurund for the Petitioners Mr. K. S. Thorat, AGP for the State
CORAM:
S.V.GANGAPURWALA & R.N. LADDHA, JJ.
DATED :
OCTOBER 7, 2022 P.C.
We have heard Mr. Kurund, learned counsel for the Petitioners. The learned Advocate submits that the Petitioners are getting less salary than their juniors similarly situated in all respects. According to him, the senior cannot be paid less salary than the junior similarly situated in all respects. The petitioners seek stepping up of pay as per the chart filed along with the writ petition (Exh.A).
We have heard the learned AGP also.
It is trite that a senior cannot be paid less than the junior similarly situated in all respects. In that case, the salary of the senior is to be stepped up to that of his junior. Basavraj 1/2
93.8698.21-wp.docx 4.
In light of the above, we pass the following order :-
ORDER
(i) Respective Colleges shall forward the proposal for stepping up of the salary of the Petitioners (Exh.A) to the Joint Director of Higher and Technical Education preferably within 8 weeks from the date of receipt of this order.
(ii) The Joint Director of Higher and Technical Education shall verify the factual matrix and upon arriving at a conclusion that the junior to these Petitioners similar in all respects are paid more salary than the salary of Petitioners, the salary of the Petitioners shall be stepped up so as to bring them on par with their juniors similarly placed. The said exercise shall be done preferably within three months from the date of the receipt of the proposal.
(iii) The Writ Petition is accordingly disposed of. No costs. (R.N. LADDHA,J.) (S.V. GANGAPURWALA, J.) Basavraj 2/2