Mahesh Jaywant Naik And ORS v. Directorate Of Higher Education And ORS

1 95-WP-14092-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14092 OF 2024 Mahesh Jaywant Naik And Ors

...Petitioners

Versus

Directorate Of Higher Education And Ors.

...Respondents

SNEHA NITIN CHAVAN **** Mr. Yuvraj Narvankar a/w Raufa Shaikh for the Petitioners. Mr. K.S. Thorat, 'B' Panel Counsel for Respondent Nos. 1 to 4/State. **** by SNEHA NITIN CHAVAN Date: 2024.10.16 19:52:27 +0530 CORAM :

RAVINDRA V. GHUGE AND M.M. SATHAYE, JJ.

DATE :

14th OCTOBER, 2024 P.C. :

1.

The Petitioners have already approached the Directorate of Higher Education with their representations claiming parity in pay scale and grade pay, in the light of the Government Resolution dated 11.01.2023, which is applicable to Group A to Group D of employees of the Bombay High Court, at the Principal seat and the Benches at Nagpur and Aurangabad. These Petitioners are working in the institutions which are affiliated to non-Agricultural Universities. The said institutions have not been added as Respondents.

2.

The learned Advocate for the Petitioners submits that one of Sneha Chavan

2 95-WP-14092-2024.odt them has received a communication dated 07.03.2024, from the Information Officer of the Directorate of the Higher Education, indicating that their representations are being looked into, they pray that a decision may be arrived at.

3.

In view of the above, this Writ Petition is disposed off. We expect Respondent No.1 to deal with the said representations and arrive at a decision within a period of 90 days from today. In the event, the Petitioners' grievances are not redressed and if the issue pertaining to equal wages for equal work, they would be at liberty to approach the Industrial Court for assailing the decision of the Government, keeping in view that the Petitioners are workmen under Section 2(s) and the nonAgricultural University is an Industry under Section 2(j) of the Industrial Disputes Act, 1947.

4.

All contentions are kept open.

(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) Sneha Chavan