Shivadas Deomanrao Katore vs The State Of Maha., Thr. Its ...
2022 Latest Caselaw 3497 Bom

924.WP2350.21(j)                                                                                           1/2




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

                                   WRIT PETITION NO. 2350 of 2021

       Dr.Shivadas Deomanrao Katore,
       Aged about 59 years, Occupation-Service.
       R/o. Bhavyadeep Apartment, Flat No.201,
       Sai Nagar Road, Jadhao Layout,
       Saturna, Amravati-444607
                                                                          ....... 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, Amravati.
3]     R.A. Arts, Shri M.K.Commerce and
       Shri S.R.Rathi Science College, Washim.
       Through its Principal, Washim.
                                                                         ....... RESPONDENTS
--------------------------------------------------------------------------------------------------------------
Shri Ashifaque I. Sheikh, Advocate for petitioner.
Ms H.N.Jaipurkar, Assistant Government Pleader for respondent nos. 1 & 2.
None for respondent no.3 though served.
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                CORAM : A.S.CHANDURKAR and SMT. M.S.JAWALKAR, JJ.
                DATE          : 30th MARCH, 2022.

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

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

the parties.

924.WP2350.21(j) 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.

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

(SMT. M.S.JAWALKAR, J.) (A.S.CHANDURKAR, J.) Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:

Andurkar..

31.03.2022 10:25