Bombay High Court
Dr. Chintaman Janardhan Khune And ... vs State Of Maha., Thr. Sect. Dept. Of ... on 4 July, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1643/2016
PETITIONERS: 1. Dr. Chintaman Janardhan Khune
Aged 49 years, Occu. : Service,
R/o Pragati Colony, "Sendurloafa"
Tahsil : Sakoli, Dist : Bhandara.
2. Dr. Santosh Sadaram Halmare
Aged 53 years, Occu.: Service,
ig R/o Shrinagar Colony, Murmadi (Saori),
Tahsil : Sakoli, Dist : Bhandara.
3. Dr. Rajkumar Girdharrao Nandgaokar
Aged 51 years, Occu. : Service,
R/o Jamuna Apartment, Sitaram City,
Opp : Gulmohar Hotel, Nagpur Road,
Bela, Distt. Bhandara.
...VERSUS...
RESPONDENTS : 1. State of Maharashtra through its Secretary,
Department of Higher and Technical Education,
Mantralaya, Mumbai - 400032.
2. The Director of Higher Education, State of
Maharashtra, Central Building, Pune - 1.
3. The Joint Director of Higher Education, State of
Maharashtra, Nagpur Division, Nagpur.
4. Manohar Bhai Patel Art, Commerce
& Science College, Sakoli, Dist. : Bhandara
through its Principal.
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Shri R.H. Chandurkar, Advocate for petitioners
Shri A.M. Balpande, AGP for respondent nos.1 to 3
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CORAM : SMT. VASANTI A. NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 04.07.2016
ORAL JUDGMENT (PER : MRS. SWAPNA JOSHI, J.)
Rule. Rule made returnable forthwith. The petition is heard
finally with the consent of the learned Counsel for the parties.
By this petition, the petitioners seek a direction to the
respondent nos.1 to 3 to step up the basic pay band of the petitioners to
Rs.67,800/- as on 1.4.2012 and to revise the pay accordingly within a
reasonable time.
Shri Chandurkar, the learned Counsel for the petitioners
states that the case of the petitioners stands fully covered by the judgment
of the Aurangabad Bench of this Court dated 21.11.2013, in a bunch of
the writ petitions bearing Writ Petition No.10283/2012 and others. It is
stated that the State Government had challenged the said judgment
before the Hon'ble Supreme Court, but the Special Leave Petition was
dismissed.
Shri Balpande, the learned Assistant Government Pleader
appearing for the respondent Nos.1 to 3 does not dispute the factual
statements made on behalf of the petitioners. It is stated after perusal of
the writ petition and the aforesaid judgment that the case of the
petitioners appears to have been covered by the judgment.
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In view of the aforesaid, we partly allow the writ petition.
The respondent Nos.1 to 3 are directed to take necessary steps to step up
the pay of the petitioners so as to bring them at par with their juniors so
that they should not be discriminated only because the junior teachers
had acquired Ph.D. Degree while the recommendations of the 6 th Pay
Commission were in force. In terms of the judgment dated 21.11.2013 in
Writ Petition No.10283/2012, we direct the respondent Nos.1 to 3 to
re-fix the pay of the petitioners and pay the arrears to the petitioners
within a period of four months.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
