Bombay High Court
Sangappa Sidramppa Dhumare And ... vs The State Of Maharashtra And ... on 24 August, 2016
Bench: R.M. Borde
1 WP-4831.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4831 OF 2016
1. Sangappa Sidramppa Dhumare
Age: 61, occu: Service,
R/o Ramkrishna Paramhansa Mahavidyalaya
Osmanabad, Dist. Osmanabad.
2. Shantinath Abasaheb Ghodke,
Age: 53, occu: Service,
R/o Ramkrishna Paramhansa Mahavidyalaya
Osmanabad, Dist. Osmanabad.
3. Devidas S/o Yeshwant Ingle,
Age: 55, occu: Service,
R/o Ramkrishna Paramhansa Mahavidyalaya
Osmanabad, Dist. Osmanabad.
4. Chanrakant S/o Eknath Mahadik,
Age: 53, occu: Service,
R/o Ramkrishna Paramhansa Mahavidyalaya
Osmanabad, Dist. Osmanabad.
5. Smt. Shama W/o Chandrakant Mahadik,
Age: 54, occu: Service,
R/o Ramkrishna Paramhansa Mahavidyalaya
Osmanabad, Dist. Osmanabad.
6. Sultan S/o Babasaheb Shetsandi,
Age: 54, occu: Service,
R/o Tuljabhawani Mahavidyalaya, Tuljapur
Tq.: Tuljapur, Dist. Osmanabad.
7. Tukaram S/o Limbaji Barbole,
Age: 56, occu: Service,
R/o Tuljabhawani Mahavidyalaya, Tuljapur
Tq.: Tuljapur, Dist. Osmanabad. ...PETITIONERS
versus
1. The State of Maharashtra,
Through its Principal Secretary,
Higher & Technical Education Department,
Mantralaya, Mumbai -32
2. The Director,
Higher Education, Maharashtra State,
Pune.
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3. The Joint Director,
Department of Higher Education,
Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University Aurangabad
Through its Registrar,
5. Shri Swami Vevekanand Shikshan
Sanstha, Tarabai Park, Kolhapur,
Tq. & Dist: Kolhapur,
Through its Secretary
6. Ramkrishna Paramhans Mahavidyalaya
Osmanabad, Dist. Osmanabad
through its Principal.
7.
Tuljabhawani Mahavidyalaya,
Tuljapur, Dist: Osmanabad
Through its Principal ...RESPONDENTS
.....
Mr. Ajay Shinde, Advocate for petitioners
Mr. S.G. Karlekar, AGP for respondents 1 to 3
Mr. Ghute Patil, Advocate for respondent No. 5 & 6
Respondent No. 7 served.
WITH
WRIT PETITION NO. 6774 OF 2016
WITH
CIVIL APPLICATIOKN NO. 11079 OF 2016
IN
WRIT PETITION NO. 6774 OF 2016
1. Dr. Arun s/o Trimbakrao Tawar,
Age: 55 years, Occu: Service,
2. Dr. Shaikh Md. s/o Babar Ab. Razak,
Age: 55 years, Occu: Service,
3. Dr. Ravindra s/o Balkrishnarao Muley,
Age: 51 years, Occu: Service,
4. Dr. Prashant s/o Shridhar Wakte,
Age: 49 years, Occu: Service,
5. Dr. Ashok s/o Namdeorao Jondhale,
Age: 59 years, Occu: Service,
3 WP-4831.16
6. Dr. Deepak s/o Gangadhar Palaskar,
Age: 60 years, Occu: Service,
7. Dr. Prakash s/o Bhaskarrao Khanale,
Age: 51 years, Occu: Service,
8. Dr. Ramkrishna s/o Sadashiv Kamble,
Age: 60 years, Occu: Retired.
9. Dr. Sharad s/o Digambarrao Biradar,
Age: 59 years, Occu: Service,
10. Dr. Sunil s/o Vishwanathrao Shinde,
Age: 56 years, Occu: Service,
11. Dr. Basavraj S/o Manikrao Kareppa,
Age: 54 years, Occu: Service,
12. Dr. Mrs. Sumangala w/o Babarao Tathe,
Age: 58 years, Occu: Service,
13. Dr. Prabhakar s/o Keshavrao Joshi,
Age: 64 years, Occu: Retired,
All R/o Dnyanopasak Shikshan
Mandal's College of Arts, Commerce,
and Science, Parbhani,
Tq. & Dist. Parbhani. ...PETITIONERS
versus
1. The State of Maharashtra ,
Through its Secretary,
Higher and Technical Education
Department, Mantralaya,
Mumbai -32
2. The Director, ti
Higher Education, Maharashtra State,
Pune.
3. The Joint Director,
Higher Education, Nanded Region,
Nanded.
4. The Principal,
Dnyanopasak Shikshan Mandal's
College of Arts, Commerce and Science,
Parbhani, Tq. & Dist. Parbhani ...RESPONDENTS
4 WP-4831.16
.....
Mr. K. M. Suryawanshi, Advocate for petitioners
Respondent No. 4 served absent.
.....
CORAM : R.M. BORDE AND
K.K. SONAWANE, JJ.
DATED : 24th AUGUST, 2016.
ORAL JUDGMENT : (Per : R.M. Borde, J.)
1. Rule. Rule made returnable forthwith and with consent of the
parties, the petitions are taken up for final hearing at admission stage.
2. The petitioners are requesting for issuance of directions to the
respondents for stepping up their pay so as to bring it at part with the
Junior Associate Professor with effect from the date of revision of
pay/salary as per Government Resolution dated 12-08-2009.
3. The facts giving rise to the instant petition need not be stated in
detail since those are undisputed. Even otherwise, the facts are
identical as in the case of Dr. Sudhakar Murlidhar Lawande and others
Vs. State of Maharashtra (Writ petition No. 11129 of 2015) and in the
case of Sudamrao Keshavrao Aher and others Vs. State of Maharashtra
and others (Writ Petition No.10283 of 2012) decided on 21 st November,
2013 [2014(1) ALL M.R., 697].
4. For the reasons recorded while disposing of the aforesaid matter
presented by Sudamrao Aher and others, the instant writ petitions also
deserve to be allowed and the same are accordingly allowed.
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5. The respondents shall take necessary action to step up the
pay/pension of the petitioners so as to bring it at par with juniors
where all the parameters are same and shall not discriminate only
because the junior teachers have acquired Ph.D degree/ M.Phil
qualification as the case may be and are getting higher salary/ pension
during implementation of 6th Pay Commission's recommendations. The
salaries of the petitioners may be refixed and arrears be paid within a
period of six months
6.
Writ petitions are allowed in above terms. Rule is made absolute
accordingly. There shall be no order as to costs.
7. Pending civil application does not survive and stands disposed of.
Sd/- Sd/-
[K. K. SONAWANE, J.] [R.M. BORDE, J.]
MTK
