Arun Babulal Nikumbh And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 7995 OF 2016 1.

Arun s/o Babulal Nikumbh age 54 years, occ. Service r/o c/o Shri Machhindra Sonawane, Room No. 2, Revenew Colony, Opp. Market yard Kopargaon 423601 Dist. Ahmednagar.

2.

Bhausaheb s/o Bhikaji Nighot age 56 years, occ. Service r/o Plot No. 64, Annapurna Nagar Station Road Kopargaon 423601 Dist. Ahmednagar .. PETITIONER

VERSUS

1.

The State of Maharashtra Through its Principal Secretary Higher & Technical Education Department, Mantralaya Annex, Mumbai 431 032 2.

The Director of Higher Education Maharashtra State, Central Building, Pune Dist. Pune.

3.

The Joint Director of Higher Education Department of Higher Education, 17, Dr. Ambedkar Road, Pune Dist. Pune.

4.

S.S.G.M. College, Kopargaon, Yeola Naka, Nagar-Manmad Highway, Kopargaon 423601 Dist. Ahmednagar Through its Principal .. RESPONDENTS Mr. P.A. Pisal, advocate for petitioner.

Mr. A.S. Shinde, AGP for the State.

Mr. V.D. Sapkal, advocate for respondent no. 4. ===== CORAM : R.M. BORDE & SANGITRAO S. PATIL, JJ.

DATE : 17th NOVEMBER, 2016.

ORAL JUDGMENT : ( PER R. M. BORDE, J. ) 1.

Heard 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.

4.

The facts giving rise to the instant petition need not be stated in detail since those are undisputed. Even otherwise, the fats 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 matter presented by Sudamrao Aher and others, the instant writ petition also deserves 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 salaries of the petitioners may be re-fixed and arrears be paid within a period of six months. 7.

Rule is made absolute accordingly.

8.

There shall be no order as to costs.

( SANGITRAO S. PATIL ) ( R. M. BORDE ) JUDGE JUDGE dyb