Dilip Sahadev Birajdar v. The State Of Maharashtra And Others
1 Sr54&55 WP11225.2017&Anr
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
WRIT PETITION NO. 11225 OF 2017 Dr. Haridas S/o Bhojuram Rathod, Age : 56 years, Occ. Professor, In Geography, R/o. Havgi Swami Mahavidyalaya, Udgir, Tal. Udgir, Dist. Latur.
... Petitioner
VERSUS
1. The State of Maharashtra, Through its Principal Secretary, Higher and Technical Education Department, Mantralaya Annex, Mumbai-32.
2. The Director of Higher Education, Maharashtra State, Central Building, Pune.
3. The Joint Director of Higher Education, Aurangabad Division, Aurangabad.
... Respondents ..........
Mr S. S. Thombre, Advocate for the petitioner Mr A. S. Shinde, AGP for respondent/State .............
WITH WRIT PETITION NO. 11240 OF 2017 Dr. Dilip S/o Sahadev Birajdar Age : 60 years, Occu. Associate Professor, In Physics, R/o. Ramnagar, Near Shivpuri Road, Umarga, Tal. Umarga, Dist. Osmanabad.
... Petitioner
VERSUS
1. The State of Maharashtra, Through its Principal Secretary,
2 Sr54&55 WP11225.2017&Anr Higher and Technical Education Department, Mantralaya Annex, Mumbai-32.
2. The Director of Higher Education, Maharashtra State, Central Building, Pune.
3. The Joint Director of Higher Education, Aurangabad Division, Aurangabad.
... Respondents ..........
Mr S. S. Thombre, Advocate for the petitioner Mr A. S. Shinde, AGP for respondent/State .............
CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.
DATE : 06TH FEBRUARY, 2018.
ORAL JUDGMENT : (PER S. V. GANGAPURWALA, J.) 1.
Heard the learned counsel for the parties.
2.
Rule. Rule made returnable forthwith and the petition is heard for final disposal by the consent of learned counsel for the respective parties.
3.
The petitioners are requesting for issuance of direction to the respondents for stepping up their pay so as to bring it at par with the junior Associate Professor w.e.f. the date of revision of pay/salary as per Government Resolution dated 12.08.2009.
3 Sr54&55 WP11225.2017&Anr 4.
The facts giving rise to the instant petitions need not be stated in detail since those are undisputed. Even otherwise, the facts are identical as in the case of Dr. Sudhakar Murlidhar Lawande and others Vs. State of Maharashtra (WP No.11129/2015) and in the case of Sudamrao Keshavrao Aher & ors. Vs. The state of Maharashtra & others in W.P. No.10283/2012, decided on 21st November, 2013 [2014(1) ALL MR 697].
5.
For the reasons recorded while disposing of the aforesaid matters presented by Sudamrao Aher and others, the instant writ petitions also deserve to be allowed and the same is accordingly allowed.
6.
The respondents shall take necessary action to step up the pay of the petitioners so as to bring it at par with juniors where all the parameters are same and shall not discriminate only because the junior teachers have acquired Ph.D. Degree and are getting higher salary during implementation of 6th Pay Commission's recommendations. The salary of the petitioner may be refixed and arrears be paid within a period of six months.
4 Sr54&55 WP11225.2017&Anr 7.
Rule is made absolute accordingly.
8.
There shall be no order as to costs.
[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde