Bombay High Court
Sandeepkumar Subhashchandra ... vs The State Of Maharashtra And ... on 27 September, 2022
Bench: Mangesh S. Patil, Sandeep V. Marne
.. 1 .. W.P.748.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.748 OF 2021
Sandeepkumar Subhashchandra Lahoti
Age : 33 years, Occu : Service,
R/o. E-404 (West), Kasliwal Marval
Near AGP Public School,
Beed Byepass, Aurangabad. .. Petitioner
Versus
1. The State of Maharashtra
through the Principal Secretary
of Technical and Higher Education
Department, Govt. of Maharashtra,
Mantralaya, Annex Building, Mumbai.
2. All India Council for Technical Education,
Vasant Kunj, Nelson Mandela Marg,
New Delhi
3. The Joint Director,
Directorate of Technical Education,
Regional Office, Near Government
Polytechnic, Osmanpura, P.B. No.516,
Aurangabad
4. Dr. Babasaheb Ambedkar Marathwada
University, University Campus, Aurangabad
Through its Registrar.
5. Bhagwan Shikshan Prasarak Mandal,
Dr. Y.S. Khedkar Marg, N-6, CIDCO,
Aurangabad
Through its Secretary
6. Bhagwan Shikshan Prasarak Mandal's,
Shri Bhagwan College of Pharmacy
Dr. Y.S. Khedkar Marg, N-6, CIDCO,
Aurangabad
Through its Principal
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.. 2 .. W.P.748.2021
7. The Pharmacy Council of India
N.B.C.C. Centre, 3rd Floor, Plot No.2,
Community Centre, Maa Anandimai Marg,
Okhla Phase-I, Near Hotel Crown Plaza,
New Delhi. .. Respondents
...
Mr. P.S. Shendurnikar, Advocate for the Petitioner
Ms. R.P. Gour, AGP for the Respondent - State
Mr. C.V. Dharurkar, Advocate for Respondent No.2
Ms. Supriya Gandhi h/f. Mr. S.G. Chapalgaonkar,
Advocate for Respondent No.4
Mr. A.M. Karad, Advocate for Respondent Nos.5 & 6
Mr. S.B. Deshpande, Advocate for Respondent No.7
...
CORAM : MANGESH S. PATIL &
SANDEEP V. MARNE, JJ.
DATE : 27-09-2022
ORAL JUDGMENT (PER SANDEEP V. MARNE, J.):
. Rule. It is made returnable forthwith. Learned AGP
Ms. R.P. Gour and learned advocates Mr. C.V. Dharurkar, Ms. Supriya
Gandhi h/f. Mr. S.G. Chapalgaonkar, Mr. A.M. Karad and Mr. S.B.
Deshpande waive service for the respective respondents.
2. By the present petition, the petitioner seeks extension of
benefits of 6th Pay Commission including salary and allowances in
terms of Government Resolutions dated 12.08.2009 and 20.08.2010
with effect from 01.01.2006. Mr. Shendurnikar, learned Counsel
appearing for the petitioner would fairly concede that though the
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.. 3 .. W.P.748.2021
prayer is made seeking benefits of 6th Pay Commission from
01.01.2006, the same are required to be extended with effect from
16.06.2014 when the petitioner came to be substantively appointed
on the post of Assistant Professor (Lecturer).
3. The issue involved in the present petition is no more
res integra. In relation to the same college, this Court has already
passed orders in Vinayak Laxmanrao Gadhekar and Ors Vs.
The State of Maharashtra and Ors, Writ Petition No.11259 of 2017
decided on 28.08.2019 and Pradip Kaduba Mokasare and Ors Vs. The
State of Maharashtra & Ors, Writ Petition No.11343 of 2019 decided
on 30.01.2020 directing the college to implement the pay-scales
prescribed by 6th Pay Commission and extend the benefits of pay to
the petitioners therein from the dates of their respective
appointments.
4. Mr. Karad, learned Counsel appearing for respondent
nos.5 and 6 does not dispute this position. He, however, submits that
the exact calculations in respect of the arrears of pay and allowances
be left to be determined by the Joint Director of Education. He also
invites our attention to the fact that the services of the petitioner have
been discontinued with effect from 04.07.2020. He also invites our
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attention to the approval order dated 14.09.2018 by which the
approval to petitioner's appointment was granted with effect from
31.03.2016. He would, therefore, contend that the benefits of 6 th Pay
Commission pay-scales be awarded to the petitioner only from
31.03.2016.
5. Since the issue involved in the present petition is already
covered by various judgments of this Court, the petitioner is entitled
to be granted the benefit of 6 th Pay Commission pay-scales. We are
not in agreement with Mr. Karad that the benefit is to be granted
from the date of approval. This Court in past judgments has
extended the benefit from the date of appointment. Therefore, the
petitioner would also be entitled to the benefit of 6 th Pay Commission
pay scale with effect from 16.06.2014 till the date he continued to
work i.e. till 04.07.2020.
6. Consequently, we pass the following order:
ORDER
(i) The Writ Petition is allowed.
(ii) Respondent nos.5 and 6 are directed to extend the benefit of
6th Pay Commission scales to the petitioner and to pay him the arrears
of pay and allowances arising therefrom.
.. 5 .. W.P.748.2021
(iii) Respondent no.3 is directed to compute such arrears during the
period from 16.06.2014 till 03.07.2020 within a period of eight
weeks from today.
(iv) Upon receipt of such computations, respondent nos.5 and 6 to
pay such arrears to the petitioner within a period of eight weeks
thereafter.
(v) It is clarified that in respect of period from 04.07.2020
onwards the entitlement of the petitioner would be decided upon the
final outcome of the proceeding pending before the University
Tribunal.
7. Rule is made absolute in above terms.
( SANDEEP V. MARNE, J. ) ( MANGESH S. PATIL, J. )
GGP
