Vinnus Daulat Shaikh And ORS. v. The State Of Maharashtra Through The Secretary And ORS.

1 5-wp-13456-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13456 OF 2018 Vinnus Daulat Shaikh Age-56 yrs.

R/o. -LG-2, Guruvihar Residency, 66 Shukrawar Peth, Satara.

PIN-415002.

Mrs. Manjusha Sudhir Bhat Age-49 yrs.

R/o. -Prathmesh Residency Flat No.4 891 Shaniwar Peth, Satara PIN-415002 Ramchandra Yashwant Devare Age-51 yrs R/o.-At KusBudruk Post Banghar Tal. Dist.Satara PIN-415013 Chandrakant Dhondiba Kharat Age-52 yrs R/o. -At Post Mhigaon Tal. Jawali Dist. Satara PIN-415020.

Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2023.12.18 19:23:18 +0530 ASHVINI BAPPASAHEB KAKDE 5.

Arif Nazir Patel Age-51 yrs R/o. -At Nele Post Kidgaon Tal. Dist. Satara PIN-415015 6.

Babar Rajendra Dattatray Age-40 yrs R/o.-At Post Udtare Khadaki Road Ta. Wai Dist. Satara PIN-415513 7.

Anandrao Atmaram Jadhav Age-58 yrs

2 5-wp-13456-2018.doc R/o. Radha Govind Plaza Flat No. 3 Opp. SGN College Vidyanagar Saidapur Tal. Karad Dist. Satara PIN-415124 8.

Sitaram Mahadeo Chavan Age-53 Yrs R/o. At Post Thoseghar Tal. Dist. Satara 9.

Namdeo Narayn Nawadkar Age-42 yrs R/o. -At Post Songaon Turf Tal. Dist. Satara 10.

Mukund Vijay Kulkarni Age-53 yrs R/o. 930, Shanivar Peth, Vrunda Govind Smruti, Flat No.3, Tal. & Dist. Satara ... Petitioners

Versus

The State of Maharashtra Through the Secretary, Higher Technical Eduction and Employment Department, Mantralaya, Mumbai 400 032.

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

All India Council for Technical Education (A.I.C.T.E), Through the Member Secretary, Represented by the Regional Officer A.I.C.T.E. (Western Region), India Assurance Building,

3 5-wp-13456-2018.doc Second Floor, Opp. Churchgate Station, Mumbai-400 020.

Maharashtra State Board of Technical Education, Through its Director, 49, Kherwadi, Ali Awar Jung Marg, Bandra (East), Mumbai-400 051.

5.

Joint Director of Technical Education (Pune Region) 412, E, Shivaji Nagar Bahirat Patil Chowk, Pune PIN-411016.

6.

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

7.

Satara Education Society Through its Secretary C/O. Anant English School 148, Mangalwar Peth, Satara PIN-415002 8.

The Principal, Satara Polytechnic, Satara A. P. Songaon, Khindwadi Near N. H. 4 Highway, Satara ... 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

4 5-wp-13456-2018.doc Oral Judgement (Per A. S. Chandurkar J.) :- Rule. Rule made returnable forth. Heard the learned Counsel for the parties.

Despite service Respondent Nos.6 to 8 have not chosen to contest the prayers made in the Writ Petition. The Petitioners are members of the non-teaching staff engaged at the Respondent No.8- College that is run by Respondent Nos.6 and 7-Society. The Petitioners seek arrears of salary of the period from October 2017 to January 2019 as per recommendations of the 5th and 6th Pay Commission. 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 the members of the teaching and other non-teaching staff engaged by Respondent Nos.6 to 8. 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 as per recommendations of the 5th and 6th Pay Commission have gone uncontroverted. Since it is the primary responsibility of Respondent Nos.

5 5-wp-13456-2018.doc January 2019 as per the applicable pay scale within a period of three months of receiving 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 the matter of Shri. Salunkhe Jayawant Vishnu & Ors. (supra) while receiving payment in accordance with appropriate pay scale as per the recommendations of the 5th and 6th Pay Commission from their initial date of appointment till superannuation.

Rule is disposed of in the aforesaid terms with no orders as to costs.

(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)