Raghunath Totaram Mahajan And Others v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9336 OF 2016 01 Dr.Raghunath Totaram Mahajan, age: 63 years, Occ: Retired, R/o 23/A, Sanmitra Colony, Near Godavari Flour Mill, Jalgaon, District Jalgaon.

02 Dr.Dileep Tolu Nehete, age: 60 years, Occ: Retired, R/o 205, Arpan Apartment, Shivram Nagar, Jalgaon, District Jalgaon.

03 Dr.Jayprakash Ninu Chaudhari, age: 53 years, Occ: Service, R/o Plot No.19, "Mruduprakash", Samartha Colony, M.J.College Road, Jalgaon, District Jalgaon.

04 Dr.Vishavanath Shripat Zope, age: 57 years, Occ: service, R/o "Matrusadan", Plot No.4, Aradhana Colony, Near Postal Colony, Jalgaon, District Jalgaon.

05 Dr.Mrs.Devyani Satish Bendale, age: 57 years, Occ: service, R/o Shradha Colony, Near Telephone Nagar, Jalgaon, District Jalaon.

06 Dr.Mrs.Gauri Milind Rane, age: 52 years, Occ: service, R/o 16, Ramdas Colony, Near Old RTO, Jalgaon, District Jalgaon.

Petitioners

Versus

{2} 01 The State of Maharashtra, through its Principal Secretary, Higher and Technical Education Department, Mantralaya, Annex, Mumbai-32.

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

03 The Joint Director of Higher Education, First Floor, Maharashtra Jeevan Pradhikaran Building, Jalgaon, District Jalgaon.

04 The North Maharashtra University, Post Box No.80, Umavi Nagar, Jalgaon, District Jalgaon, through its Registrar.

05 Khandesh College Education Society's Moolji Jaitha College, Jalgaon, Jalgaon, District Jalgaon, through its Principal.

Respondents Mr.Girish S. Rane, advocate for petitioners. Mr.S.B.Yawalkar, A.G.P. for Respondents No.1 to 3. Respondents No.4 & 5 served.

WITH WRIT PETITION NO.7815 OF 2016 01 Dr.Bhagwat Narayan Muthal, age: 55 years, Occ: service Shri Shivaji College, Kandhar, Tal: Kandhar, District Nanded.

02 Dr.Smt.Zeenathunnisa Begum Sayyad Manzar Mazatr Ali, age: 61 years, Occ: service as Associate Professor in Shri Shivaji College, Kandhar,

{3} Tal: Kandhar, District Nanded.

03 Dr.Nalla Jagmohan Reddi, age: 46 years, Occ: service as Professor in Shri Shivaji College, Kandhar, Tal: Kandhar, District Nanded.

04 Dr.Anil Murlidhar Kathare, age: 50 years, Occ: service, Shri Shivaji College, Kandhar, Tal: Kandhar, District Nanded.

05 Dr.Eknath Sundarrao Pawar, age: 60 years, Occ: service Shri Shivaji College, Kandhar, Tal: Kandhar, District Nanded.

06 Dr.Girmaji Ramchandra Pagade, age: 54 years, Occ: service, Shri Shivaji College, Kandhar, Tal: Kandhar, District Nanded.

07 Dr. Ravindra Nittyanand Khule, age: 51 years, Occ: service Shri Shivaji College, Kandhar, Tal.: Kandhar, District Nanded.

Petitioners

Versus

01 The State of Maharashtra, through its Secretary, Higher and Technical Education, Mantralaya, Mumbai-32.

02 The Director of Higher Education, Maharashtra State, Central Building, Pune-410001.

{4} 03 The Joint Director, Higher Education, Nanded Region, Nanded.

04 The Secretary, University Grants Commission, Bahadur Shah Jafar Marg, New Delhi - 110 002.

05 The Registrar, Swami Ramanand Tirth Marathwada University, Nanded.

06 The Principal, Shri Shivaji College of Arts, Commerce and Science, Shivajinagar, Kandhar, Tal: Kandhar, District Nanded.

Respondents Mr.V.D.Gunale, advocate for petitioners.

Mr.M.B.Bharaswadkar, A.G.P. for Respondents No.1 to 3. Mr.S.B.Deshpande, Assistant Solicitor General for Respondent No.4.

Mr.V.P.Latange, advocate for Respondent No.5. Respondent No.6 served.

WITH WRIT PETITION NO.6193 OF 2016 01 Dr.Jayram Gena Mete, age: 58 years, Occ: service Shri Sant Gadge Maharaj College, Loha, Tal: Loha, District Nanded.

02 Dr.Sanjay Virbhadrappa Mandge, age: 51 years, Occ: service as Associate Professor in Shri Sant Gadge Maharaj College, Loha, Tal: Loha, District Nanded.

{5} 03 Dr.Ghansham Dharbaji Gore, age: 51 years, Occ: service Shri Sant Gadge Maharaj College, Loha, Tal: Loha, District Nanded.

04 Dr.Shivaji Mansing Gore, age: 47 years, Occ: service Shri Sant Gadge Maharaj College, Loha, Tal: Loha, District Nanded.

Petitioners

Versus

01 The State of Maharashtra, through its Secretary, Higher and Technical Education, Mantralaya, Mumbai-32.

02 The Director of Higher Education, Maharashtra State, Central Building, Pune-410001.

03 The Joint Director, Higher Education, Nanded Region, Nanded.

04 The Secretary, University Grants Commission, Bahadur Shah Jafar Marg, New Delhi - 110 002.

05 The Registrar, Swami Ramanand Tirth Marathwada University, Nanded.

06 The Principal, Shri Sant Gadge Maharaj College, Loha, Tal: Kandhar, District Nanded.

Respondents

{6} Mr.V.D.Gunale, advocate for petitioners.

Mr.S.B.Pulkundwar, A.G.P. for Respondents No.1 to 3. Mr.S.B.Deshpande, Assistant Solicitor General for Respondent No.4.

Mr.V.P.Latange, advocate for Respondent No.5. Respondent No.6 served.

CORAM : R.M.BORDE & SANGITRAO S. PATIL, JJ.

DATE : 14th December, 2016 ORAL JUDGMENT (Per R.M.Borde, J.):

Heard learned counsel for respective parties. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 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 Professors with effect from the date of revision of pay/salary as per Government Resolution dated 12.08.2009.

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, 2014(1) ALL MR 697.

{7} For the reasons recorded while disposing of the aforesaid matter, presented by Sudamrao Aher and others, instant writ petitions also deserve to be allowed and same are accordingly allowed.

The respondents shall take necessary action to step up the pay/pension 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/M.Phil qualification as the case may be and are getting higher salary/pension 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. Rule is made absolute accordingly. There shall be no order as to costs.

Pending Civil Applications, if any, do not survive and stand disposed of.

(SANGITRAO S. PATIL) (R.M.BORDE) JUDGE JUDGE adb/wp933616