Dr. Arun Narayan Kamble vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 7602 Bom

Judgment

                                                         41.20 & ors 8

                                 1

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

               WRIT PETITION NO.41 OF 2020
                           AND
               WRIT PETITION NO.210 OF 2020
                           AND
               WRIT PETITION NO.211 OF 2020
                            AN
               WRIT PETITION NO.212 OF 2020


WRIT PETITION NO.41 OF 2020
Dr.Machhindra Nagorao Bhajbhuje,
Aged about 58 years, occupation : service,
R/o 51, Vaishal Nagar, Near Ahmed
Classes, Nagpur.                           ..... Petitioner.

                         :: V E R S U S ::

1. The State of Maharashtra, through its
Secretary, Higher and Technical
Education Department, Mantralaya,
Mumbai-32.

2. The Joint Director of Higher
Education, Nagpur Division, Nagpur.

3. Jawaharlal Nehru Arts, Commerce &
Science College, Wadi, through its
Principal, Wadi, Nagpur-440 023.             ..... Respondents.


WRIT PETITION NO.210 OF 2020
Dr.Arun Narayan Kamble, aged
about 59 years, occupation -
service, r/o Swami Muktanand
Nagar, Nadura Road, Khamgaon, district
Buldhana.                              ..... Petitioner.

                         :: V E R S U S ::

1. The State of Maharashtra, through its
Principal Secretary, Higher and
Technical Education Department,
Mantralaya, Mumbai-32.

                                                                .....2/-
 Judgment

                                                         41.20 & ors 8

                                  2


2. The Joint Director of Higher
Education, Amravati Division,
Nagpur.

3. G.S.Arts Commerce & Science
College, Khamgaon, through its
Principal, Khamgaon, district Buldhana.     ..... Respondents.


WRIT PETITION NO.211 OF 2020
Dr.Digambar Trimbaksingh Dongare,
Aged about 60 years, occupation -
retired, r/o Vidyabharti Colony,
Murtizapur Road, Karanja (Lad), district
Washim.                                ..... Petitioner.

                          :: V E R S U S ::

1. The State of Maharashtra, through its
Principal Secretary, Higher and
Technical Education Department,
Mantralaya, Mumbai-32.

2. The Joint Director of Higher
Education, Amravati Division,
Nagpur.

3. S.S.S.K.R. Innani Mahavidyalaya,
Karanja, through its Principal, Karanja
(Lad), district Washim.                    ..... Respondents.


WRIT PETITION NO.212 OF 2020
Dr.Prafulla Eknath Ajmire, aged
about 54 years, occupation -
service, r/o Saikrupa Bhatiya Layout
Sutalakhurd, D.P.Road, Khamgaon
District Buldhana.                   ..... Petitioner.

                          :: V E R S U S ::

1. The State Of Maharashtra, through its
Principal Secretary, Higher and
Technical Education Department,
Mantralaya, Mumbai-32.

                                                               .....3/-
 Judgment

                                                                               41.20 & ors 8

                                           3


2. The Joint Director of Higher
Education, Amravati Division,
Nagpur.

3. G.S.Arts Commerce & Science
College, Khamgaon, through its
Principal, Khamgaon, district Buldhana.      ..... Respondents.
=========================================
Shri A.I.Sheikh, Counsel for the Petitioners.
Ms N.P.Mehta, Assistant Government Pleader for the State.
=========================================

CORAM           : A.S.CHANDURKAR & URMILA JOSHI-PHALKE, JJ.

DATE : 03/08/2022

ORAL JUDGMENT (Per : Urmila Joshi-Phalke, J.)

1. Rule. Rule made returnable forthwith. Heard learned

counsel for the parties.

2. The learned counsel for the parties state that the issue involved in

these cases was also involved in several writ petitions that were decided by the

Aurangabad Bench of the Bombay High Court by the judgment dated 21.11.2013.

It is stated that in the bunch of writ petitions bearing Writ Petition No.10283 of 2012

(Sudamrao Keshawrao Aher and ors vs. The State of Maharashtra and others) with

connected writ petitions, the Aurangabad Bench had directed the respondents to re-

fix the salary of the petitioners therein so as to bring it at par with the higher salary

of the juniors. It was held by the Aurangabad Bench in the said judgment that the

teachers could not have been discriminated only because the junior teacher had

acquired Ph.D. Degree after the coming into force of the Sixth Pay Commission

Recommendations. Learned Assistant Government Pleader for the State agrees

that similar relief needs to be granted in favour of the petitioners herein.

.....4/-

Judgment

41.20 & ors 8

3. Hence for the reasons recorded in the judgment dated 21.11.2013

in Writ Petition No.10283 of 2012 with connected writ petitions, these writ petitions

are also allowed. The respondents are directed to compute the amount payable to

the petitioners in accordance with the judgment dated 21.11.2013 and release the

difference in salary to the petitioners within a period of three months from receipt of

copy of the judgment.

4. Rule is made absolute in the aforesaid terms with no order as to

costs.

         (URMILA JOSHI-PHALKE, J.)                   (A.S.CHANDURKAR, J.)


!! brWankhede !!
                        Digitally signed
                        by BHUSHAN
BHUSHAN                 RANA
RANA                    WANKHEDE
WANKHEDE                Date:
                        2022.08.03
                        18:59:42 +0530




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