Dr. Chandrashekhar Jangluji Chandekar v. The State Of Maharashtra The. Secretary Dept. Of Higher And Tech. Education Mumbai And Others

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3780/2016 (Dr.Chandrashekhar Jangluji Chandekar vs. The State of Maharashtra and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mrs.T.D.Khade, Advocate for the petitioner Mr.Nitin Rode, Assistant Government Pleader for Respondent Nos.1 to 3 CORAM : SMT. VASANTI A NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 3rd August, 2016 Heard.

By this Writ Petition, the petitioner seeks a direction against the respondent nos. 1 to 3 to step up the basic pay band of the petitioner to Rs. 57, 750/- and to revise the pay accordingly, within a time-frame.

Mrs. T.D. Khade, the learned counsel for the petitioner states that the issue involved in this case stands answered in favour of the petitioner by the judgment rendered by the Division Bench, at Aurangabad, dated 21st November, 2013 in Writ Petition No.10283/2012. It is stated that Aurangabad Bench had allowed the Writ Petition filed by similarly situated employees and had directed the respondents to take appropriate steps to step up the pay of the petitioners therein, so as

to bring it on par with the juniors.

Shri Nitin Rode, the learned Assistant Government Pleader appearing on behalf of the respondent nos.1 to 3, does not dispute the factual statements made on behalf of the petitioner. It is fairly stated that the judgment rendered by the Division Bench at Aurangabad stands confirmed as the Special Leave Petition against the same is dismissed.

In view of the statements recorded hereinabove and for the reasons recorded in the judgment dated 21st November, 2013 in Writ Petition No. 10283/2012, we allow this Writ Petition. We hereby direct the respondent nos.1 to 3 to take necessary action in respect of the stepping up of the pay of the petitioner so as to bring it on par with the juniors, so that the petitioner should not be discriminated only because the juniors had acquired Ph.D, during the continuation of the VIth Pay Commission. The respondent nos.1 to 3 are directed to re-fix the pay of the petitioner and pay the arrears to the petitioner, within four months.

Order accordingly. No costs.

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