Arvind S/O Keshavrao Shende vs State Of Maharashtra Thr. ...
2017 Latest Caselaw 8906 Bom

                                                                                                                   21.11.20.1131.17
                                                                       1


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT NAGPUR, NAGPUR.
                                                    ...

                                             WRIT PETITION NO. 1131 /2017

            Arvind s/o Keshavrao Shende
            Aged about 62 years, occu: Principal,
            Kamala Nehru Mahavidyalaya
            R/o 197, Survey Layout,
            Behind Chhota Tajbag, Nagpur.                                             ..                      PETITIONER


                        versus

1)          State of Maharashatra
            Through the Secretary
            Department of Higher and Technical Education
            Mantralaya, Mumbai.

2)          The Director of Higher Education
            State of Maharashtra
            Central Building, Pune.

3)          The Joint Director of Higher Education
            State of Maharashtra
            Nagpur Division, Nagpur.

4)          Kamala Nehru Mahavidyalaya
            Sakkardara Chowk, Nagpur.                                      ..                     RESPONDENTS

...............................................................................................................................................
                         Mr. M.M.Sudame, Advocate for the petitioner
                         Mr. N.S. Rao, AGP for respondents 1 to 3
                         Mr. B.G. Kulkarni, Advocate for respondent no.4
................................................................................................................................................


                                                                           CORAM: B.R. GAVAI &
                                                                                  MRS. SWAPNA JOSHI, JJ.

DATED: 21st November, 2017

21.11.20.1131.17

ORAL JUDGMENT: (PER B.R. GAVAI, J.)

Rule. Rule made returnable forthwith. Heard by consent.

2. The petitioner, by way of present petition, has prayed for a relief

seeking stepping up the pay-scale of the petitioner in the scale of Rs. 54,180 plus

10,000/- as on 1st July 2011.

3. The basic contention of the petitioner is that though the teachers who

are junior to the petitioner are drawing higher pay scale, the petitioner who is senior

to them and who also worked as a Principal, is drawing a lesser pay-scale.

4. The basic reliance on behalf of the State Government is on the

Government Resolution dated 12th August, 2009. As per the said Government

Resolution, the teachers who have acquired Ph.D. after 1.1.2006 are entitled to

higher pay-scale. The issue is no more res integra. The Division Bench of this Court

at Aurangabad Bench in a bunch of petitions being Writ Petition No. 10283/2012 along

with companion petitions, has held that the policy of the State is discriminating the

teachers who have acquired Ph.D. prior to 1st June,2006 as against the teachers who

have acquired it after 1st June 2006, is not valid and violative of Article 14 of the

Constitution of India.

21.11.20.1131.17

5. Following the said judgment various Benches of this Court have also

taken a similar view.

6. We, therefore, allow the petition and direct the respondents to take

necessary steps to step up the pay of the petitioner so as to be at par with juniors

where all other things are equal and further direct that respondents should not

discriminate the petitioner only on the ground that he had acquired Ph.D. prior to 1st

June, 2006. Necessary computation in the pay-scale in accordance with sixth Pay

Commission shall be done within a period of three months from today, whereas the

arrears are to be paid within a period of six months.

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

                          JUDGE                               JUDGE

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