Gunjan Hari Deo And ORS. v. The State Of Maharashtra Through The Secretary And ORS.

1 5-wp-13458-2018 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13458 OF 2018 Gunjan Hari Deo Age-45 Yrs R/o.-216 A/5, Guruwar Peth, "Shantiganesh" Satara PIN 415 002.

Jayawant Dharmu Pawar Age-53 Yrs/ R/o.-"Araua", Gajanan Nagari, Gorakhpur Pirwadi Plot No.3 Satara PIN 415002.

Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2023.12.19 10:22:51 +0530 ASHVINI BAPPASAHEB KAKDE Jahangir Gulab pathan Age-49 Yrs R/o.-77, Deshmukh Co-Op. Hsg. Soc.

Sadar Bazar Satara PIN 415001.

Shrirang Hanmant Atre Age-49 Yrs.

R.o.-344-A, Yadogopal Peth, F-4 Guruprasad Apartment Satara PIN 415002 5.

Santosh Jijaba Shinde Age-33 Yrs R/o. At Unchithane Post Ladegaon Tal Khatav, dist-Satara 6.

Suraj Ramrao Dange Age-47 Yrs R/o. -"Rajas" Plot No.2, Shivnagar Co-op. Housing Society Krishnanagar, Satara PIN 415 003.

7.

Vishnu Chimaji Shelake Age-58 yrs

2 5-wp-13458-2018 .doc R/o.-18, Dharamveer Sambhaji Colony Ambedare Road, Shahupuri Satara PIN 415002 8.

Chandrakant Jaykar Gavade Age-32 Yrs R/o. At Post Halbhag Tal Walwa Dist-Sangali 9.

Nitin Raghunath Zinzurke Age-44 Yrs R/o. At Post Tekavadi Tal Purandhar Dist Pune PIN 412104.

10.

NitinChandrakantSalunkhe Age-42 Yrs R/o. Plot No. 54, Jyotirmay-Sanmitra Housing Society Golibar Maidan, Godoli, Satara PIN 415002 11.

Sunil Narendra Landge Age-54 Yrs R/o.-Plot No.06, Samata Colony Gendamal Shahupuri Satara PIN 415002 12.

Shekhar Krishnaji Kulkarni Age-53 Yrs.

R/o. -194 Pratapganj Peth, Saraswati Chembers, Satara PIN 145002.

13.

Awaghade Santosh Surykant Age-35 yrs R/o.-Flat No 108 T-3 Thakkar City Satara, NH4 Nr Kanse Hundai, Satara 415002 14.

Deshmukh Pratap Anantrao

3 5-wp-13458-2018 .doc Age-55 yrs R/o.-Flat No. 4, Hira Niketan Apts.

338/B Karanje Turf Satara PIN 415002.

... 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, 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

4 5-wp-13458-2018 .doc 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 Oral Judgement (Per A. S. Chandurkar J.):- Rule. Rule made returnable forthwith. 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 teaching staff engaged at Respondent No.8- College that is run by Respondent Nos.6 and 7-Society.

5 5-wp-13458-2018 .doc 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 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.6 to 8 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 the matter of Shri. Salunkhe Jayawant Vishnu & Ors. (supra) while receiving

6 5-wp-13458-2018 .doc payment in accordance with the 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.)