Amol Dashrath Rewatkar And Others v. All India Council For Technical Education, New Delhi And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3023/2020 1.

Amol Dashrath Rewatkar, Aged-31 Years, Occu-Nil.

2.

Parag Chandrashekhar Thanare, Aged-32 Years, Occu-Nil.

3.

Neha Bhaskarrao Kowale, Aged-30 Years, Occu-Nil.

4.

Nutankumar Suryabhanji Jane, Aged-33 Years, Occu-Nil.

5.

Chetan Ashokrao Ugemuge, Aged-27 Years, Occu-Nil.

6.

Amol Vinayakrao Warke, Aged-31 Years, Occu-Nil.

All the Petitioners are R/o C/o Amol Dashrath Rewatkar, 'Saichhaya', 22, Ward No.3, New State Bank Colony, Nalwadi, Wardha.

PETITIONERS .....VERSUS.....

1.

All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi-70.

2.

Joint Director of Technical Education, Nagpur Division, Nagpur.

3.

Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur.

Through its Registrar.

4.

Bapurao Deshmukh Foundation, Wardha, Through its Secretary, C/o Suresh Deshmukh College of Enginerring, Selukate, Wardha.

5.

Suresh Deshmukh College of Engineering, Selukate, Wardha. Through its Principal.

R ESPONDENT S

Shri P.N. Shende, counsel for the petitioners. Shri N.R. Patil, Assistant Government Pleader for the respondent nos.1 and 2. Shri R.D. Bhuibhar, counsel for the respondent no.3. Shri S.K. Bhoyar, counsel for the respondent nos.4 and 5. CORAM : A. S. CHANDURKAR AND G.A. SANAP, J J . D ATE : 13 TH DECEMBER, 2021 .

ORAL

JUDGMENT

(PER : A.S. CHANDURKAR, J.) RULE. Rule made returnable forthwith. Heard finally considering the short issue involved.

2.

The petitioners who were working as Assistant Professors at the respondent no.5-College seek a direction for being paid their regular salary for duties discharged by them from August-2016 to April-2018 as per the recommendations of the Sixth Pay Commission. 3.

The learned counsel for the petitioners submits that Writ Petition No.4449 of 2019 pertaining to similarly situated Assistant Professors from the same College was decided by this Court on 11.12.2019 and directions were issued to pay arrears of salary as per the recommendation of the Sixth Pay Commission.

This fact is not disputed by the learned counsel for the respondent nos.4 and 5.

4.

Since we find that the petitioners are similarly situated as the petitioners in Writ Petition No.4449 of 2019, we are inclined to issue similar directions as issued therein for the resons recorded in the said order.

5.

Accordingly, the respondent nos.4 and 5 are directed to pay the regular salary of the petitioners for the duties discharged by them for the period from August-2016 to April-2018 as per the recommendations of the Sixth Pay Commission alongwith all incidental benefits. The same would include depositing the amount of Provident Fund in the account of the petitioners for the aforesaid period. These directions be carried out within a period of twelve weeks from today.

6.

Rule is made absolute in aforesaid terms. No costs. (G.A. SANAP, J.) (A.S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE