Balaji Gangaram Sonawane v. The State Of Maharashtra And Others

1 150WP7813.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 7813 OF 2019 Dr. Balaji S/o. Gangaram Sonawane .... Petitioner

Versus

The Union of India & Ors.

.... Respondents ..........

Appearances : - Shri. Hanmant V. Patil, Advocate for the petitioner Smt. Geeta L. Deshpande, AGP for respondents No. 1 to 3 Shri. Sanjeev B. Deshpande, Advocate for respondent No. 4 Respondent No. 5 served.

Shri. V. D. Gunale, Advocate for respondent No. 6 .............

CORAM : S. V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 07TH OCTOBER, 2019 PER COURT:- 1.

It is stated that, the petitioner's three increments have been stopped. The petitioner is seeking stepping up of pay-scale on par with Dr. Bapurao Chandrabhan Dhage and Dr. Udhav Bisenrao Sonule. According to the petitioner, these two persons have been granted additional increments on account of possessing Ph.D. qualification after 01.01.2006 and petitioner possesses Ph.D. qualification before 01.01.2006.

2 150WP7813.2019 2.

The said distinction/discrimination has been set aside by this Court in catena of judgments.

3.

If all the circumstances are similar, then till the period the petitioner has worked with respondent No. 6-Institution, his pay may not be discriminated only on the ground that he has obtained Ph.D. qualification before 01.01.2006 and his pay scale shall be brought on par with a Junior to the petitioner in the same college, however, the punishment that has been imposed upon the petitioner of withholding the increments shall also be considered. The same shall be done expeditiously, preferably within a period of six (6) months from today.

4.

The Writ Petition is accordingly disposed of. No costs. [ ANIL S. KILOR ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde