Dr. Machhindra Nagorao Bhajbhuje v. The State Of Maharashtra, Thr. Secretary, Higher And Technical Education Department, Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.41 OF 2020 AND WRIT PETITION NO.210 OF 2020 AND WRIT PETITION NO.211 OF 2020 AN WRIT PETITION NO.212 OF 2020 WRIT PETITION NO.41 OF 2020 Dr.Machhindra Nagorao Bhajbhuje, Aged about 58 years, occupation : service, R/o 51, Vaishal Nagar, Near Ahmed Classes, Nagpur. ..... Petitioner. :: V E R S U S ::

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

Education, Nagpur Division, Nagpur.

3. Jawaharlal Nehru Arts, Commerce & Science College, Wadi, through its Principal, Wadi, Nagpur-440 023. ..... Respondents. WRIT PETITION NO.210 OF 2020 Dr.Arun Narayan Kamble, aged about 59 years, occupation - service, r/o Swami Muktanand Nagar, Nadura Road, Khamgaon, district Buldhana. ..... Petitioner. :: V E R S U S ::

1. The State of Maharashtra, through its Principal Secretary, Higher and .....2/-

Mantralaya, Mumbai-32.

Education, Amravati Division, Amravati.

3. G.S.Arts Commerce & Science College, Khamgaon, through its Principal, Khamgaon, district Buldhana. ..... Respondents. WRIT PETITION NO.

Dr.Digambar Trimbaksingh Dongare, Aged about 60 years, occupation - retired, r/o Vidyabharti Colony, Murtizapur Road, Karanja (Lad), district Washim. ..... Petitioner. :: V E R S U S ::

1. The State of Maharashtra, through its Principal Secretary, Higher and Mantralaya, Mumbai-32.

Education, Amravati Division, Amravati.

3. S.S.S.K.R. Innani Mahavidyalaya, Karanja, through its Principal, Karanja (Lad), district Washim. ..... Respondents. WRIT PETITION NO.212 OF 2020 Dr.Prafulla Eknath Ajmire, aged about 54 years, occupation - service, r/o Saikrupa Bhatiya Layout Sutalakhurd, D.P.Road, Khamgaon District Buldhana. ..... Petitioner. :: V E R S U S ::

1. The State Of Maharashtra, through its Principal Secretary, Higher and .....3/-

Mantralaya, Mumbai-32.

Education, Amravati Division, Amravati.

3. G.S.Arts Commerce & Science College, Khamgaon, through its Principal, Khamgaon, district Buldhana. ..... Respondents. ========================================= Shri A.I.Sheikh, Counsel for the Petitioners. Ms N.P.Mehta, Assistant Government Pleader for the State. =========================================

CORAM

: A.S.CHANDURKAR & URMILA JOSHI-PHALKE , JJ .

DATE : 03/08/2022 ORAL JUDGMENT (Per : Urmila Joshi-Phalke, J.) 1.

Rule. Rule made returnable forthwith. Heard learned counsel for the parties.

2.

The learned counsel for the parties state that the issue involved in these cases was also involved in several writ petitions that were decided by the Aurangabad Bench of the Bombay High Court by the judgment dated 21.11.2013. It is stated that in the bunch of writ petitions bearing Writ Petition No.10283 of 2012 (Sudamrao Keshawrao Aher and ors vs. The State of Maharashtra and others) with connected writ petitions, the Aurangabad Bench had directed the respondents to refix the salary of the petitioners therein so as to bring it at par with the higher salary of the juniors. It was held by the Aurangabad Bench in the said judgment that the teachers could not have been discriminated only because the junior teacher had acquired Ph.D. Degree after the coming into force of the Sixth Pay Commission .....4/-

Recommendations. Learned Assistant Government Pleader for the State agrees that similar relief needs to be granted in favour of the petitioners herein. 3.

Hence for the reasons recorded in the judgment dated 21.11.2013 in Writ Petition No.10283 of 2012 with connected writ petitions, these writ petitions are also allowed. The respondents are directed to compute the amount payable to the petitioners in accordance with the judgment dated 21.11.2013 and release the difference in salary to the petitioners within a period of three months from receipt of copy of the judgment.

4.

Rule is made absolute in the aforesaid terms with no order as to costs.

(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) by BHUSHAN RANA WANKHEDE Date:

2022.08.30 15:52:30 +0530 !! brWankhede !!

BHUSHAN RANA WANKHEDE ...../-