Dr. Avinash Ramrao Nagpure vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 6953 Bom

     944-WP-122-20 (JUDGMENT)                                                                                   1/2




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

                                 WRIT PETITION NO.122 OF 2020

        Dr. Avinash Ramrao Nagpure,
        Aged about 52 years, Occupation-Service
        R/o. 25 Utkarsha Gruhnirman Society,
        Dabha bypass Road, 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 and
        Science College, Wadi,
        through its Principal, Wadi, Nagpur-440 023.
                                                                                  ....... RESPONDENTS
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Shri A.I.Sheikh, Advocate for petitioner.
Shri N.R.Patil, Assistant Government Pleader for respondent nos. 1 & 2.
None for respondent no.3.
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CORAM :-           A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE :-            JULY 20, 2022.

ORAL JUDGMENT (Per A.S.CHANDURKAR, J.)
[[

Rule. Rule made returnable forthwith and heard the learned counsel for the

parties.

944-WP-122-20 (JUDGMENT) 2/2

2. The learned counsel for the parties state that the issue involved in this case 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 petition, 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. The learned counsel for the respondents agree that similar relief needs to

be granted in favour of the petitioner herein.

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

Petition No.10283 of 2012 with connected writ petition, this writ petition is also allowed. The

respondents are directed to compute the amount payable to the petitioner in accordance with

the judgment dated 21.11.2013 and release the difference in salary to the petitioner within a

period of three months from receipt of copy of the judgment.

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

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(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:

21.07.2022 19:04 Andurkar..