Bashisth S/O Bansidhar Choubey v. State Of Maharashtra, Thr. Secretary For Higher And Tech. Education Dept., Mumbai And ANR.
2025:BHC-NAG:3438-DB 113.WP.1643.2025.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1643 OF 2025 Dr. Bashisth S/o. Bansidhar Choubey Vs.
State of Maharashtra, through its Secretary & Anr. __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. Sandeep Marathe, Advocate for the Petitioner. Mr. Nitin Autkar, AGP for the Respondents.
CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE : 2 nd APRIL, 2025.
P.C.
1.
Heard.
2.
The petitioner appears to have been appointed as a Principal of a college, which is claimed to be having post-graduate education facility also.
3.
It is the case of the petitioner that pursuant to the decision of the Government as reflected in Government Resolution dated 8th March, 2019, the petitioner is entitled for revised pay scale for the post of Principal pursuant to Clause 11.0, which reads thus:
11.0. Revised Pay of Principals in Colleges The pay of Principals in Under Graduate and Post Graduate Colleges shall be:
(i) Under Graduate Colleges:
The Pay of Principals shall be equivalent to the pay of Associate Professor i.e. at Academic
113.WP.1643.2025.odt 2/3 Level 13A with rationalized entry pay of Rs.1,31,400/- with the existing special allowance of Rs.4,500/- per month.
(ii) Post Graduate Colleges:
The Pay of Principals shall be equivalent to the pay of Professor i.e. at Academic Level 14 with rationalized entry pay of Rs.1,44,200/- with the existing special allowance of Rs.6,750/- per month.
Note:
i. The existing academic pay scale of a person shall be protected on appointment as principal provided that the person was drawing salary on Government aided post.
ii. Principals would continue to have lien in their main academic post where they would continue to get notional promotions while they are functioning as Principals. After completion of their tenure as Principal, they would go back to their academic post and draw salary due in such respective academic posts and would not continue to have the Principal's pay.
iii. If a person appointed as Principal joins his earlier position in the parent organization without completing his five year term, he shall draw salary of his respective academic post and would not continue to have Principal's pay."
4.
According to him, the respondent No.2 - Joint Director of Higher Education vide impugned communication dated 20th February, 2025 has refused to grant the benefit pursuant to the aforesaid Government Resolution on erroneous reason of absence of post-graduate education facility with the college with which the petitioner is working as a Principal. 5.
That being so, we deem it appropriate to dispose of the petition by directing the respondent No.2 - Joint Director of
113.WP.1643.2025.odt 3/3 Higher Education, Amravati Division, Amravati to hear the petitioner on the issue of grant of revised pay scale in the light of the Government Resolution dated 8th March, 2019 particularly Clause 11.0.
6.
Let the aforesaid decision be taken within a period of four weeks from the date of appearance of the petitioner. 7.
The petitioner is permitted to appear before the said Authority on 21st April, 2025.
8.
The respondent No.2 - Joint Director of Higher Education shall take a decision afresh ignoring the communication dated 20th February, 2025.
9.
The petition stands disposed of accordingly. No costs.
(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 03/04/2025 18:46:56