Bombay High Court
Mr. Pravin Kamalakar Mahadik And Ors vs The State Of Maharashtra Thru The ... on 5 December, 2023
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2023:BHC-AS:38227-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3276 OF 2019
1. Mr. Pravin Kamalakar Mahadik
Age-Adult
R/o.-130-D, Kesarkar Peth
Opposite Pisal Archet,
Satara, Maharashtra-Pin 415002
Digitally
signed by
ASHVINI
Adhar No.8852 2130 4651
ASHVINI BAPPASAHEB
BAPPASAHEB KAKDE
KAKDE Date:
2023.12.19
10:23:36
2. Mr. Hemant Devidas Goud
+0530
Age-Adult
R/o.-4, Hemshali, Pawar Colony
(Ramnagar)Shahupuri
Satara, Pin:415002
Adhar No:4223 0206 7879
3. Mr. Avinash Hari Namdas
Age-Adult (Retired)
R/o.-Rahimtpur Road, Godoli
Sangam Cooperative Housing Society
Godoli (Vilaspur),
Satara Pin:415002
Adhar No:8366 6687 7468
4. Mr. Nitin Gopalrao Shirsat
Age-Adult
R/o. Plot No 20, Prasad Hou. Society,
Soham, Sadar Bajar (Khed),
Behind New MHADA Colony,
Satara PIN-415001
Adhar No:897519083304 ... Petitioners
Versus
1. The State of Maharashtra
Through the Secretary,
Ashvini Kakde 1 of 4
This judgment has been modified as per the order dated 11th December 2023.
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Higher Technical Eduction and
Employment Department,
Mantralaya, Mumbai 400 032.
2. The Director of Technical Education,
3 Mahapalika Marg,
Mumbai-400 001.
3. Joint Director of Technical Education
(Pune Region) 412, E, Shivaji Nagar
Bahirat Patil Chowk, Pune
PIN-411016.
4. Satara Education Society
Through its Chairman,
C/O. Anant English School
148, Mangalwar Peth, Satara
PIN-415002. ... Respondents
-----
Mr. Suresh Pakale a/w. Mr. Nilesh Desai i/b. Mr. S. M. Katkar for Petitioners.
Mr. S. L. Babar, AGP for Respondent-State.
Mr. Aditya A. Joshi h/f. Abhijeet A. Joshi for Respondent Respondent No.3.
Mr.Rajshekhar V. Govilkar, Sr. Advocate i/b. Mr. Mihir Govilkar for
Respondent No.4.
-----
CORAM : A. S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
DATE : 5th DECEMBER 2023
Oral Judgement (Per A. S. Chandurkar J.):-
1. Rule. Rule made returnable forthwith. Heard the learned Counsel for
the parties. Despite service Respondent No.4 has not chosen to contest the
prayers made in the Writ Petition.
Ashvini Kakde 2 of 4
This judgment has been modified as per the order dated 11th December 2023.
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2. The Petitioners are members of the teaching and non-teaching staff
engaged at the College that is run by Respondent No.4 - Society. The
Petitioners seek arrears of salary for the period from October 2017 to
January 2019. Our attention is invited to the judgment dated 16.08.2018 in
Writ Petition No.8493 of 2004 in the matter of Shri. Salunkhe Jayawant
Vishnu & Ors. Vs. The State of Maharashtra & Ors. wherein similar relief was
sought by other members of the teaching and non-teaching staff engaged by
Respondent Nos.6 to 8. This Court directed payment of salary as well as
revised pay scale to the said Petitioners.
3. The averments made by the Petitioners of not being paid their salaries
from October 2017 to January 2019 as per recommendations of the 5 th and
6th Pay Commission have gone uncontroverted. Since it is the primary
responsibility of Respondent Nos.6 to 8 to make such payment, the Writ
Petition is disposed of by directing the said Respondents to pay the
Petitioners their arrears of salary for the period from October 2017 to
January 2019 as per the applicable pay scale within a period of three months
of receiving a copy of this order. On failure to make such payment on the
expiry of period of three months, the amount due would carry interest at the
rate of 6% per annum from the date of this order till actual payment. The
Ashvini Kakde 3 of 4
This judgment has been modified as per the order dated 11th December 2023.
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Petitioners would be entitled to the benefit of the judgment of this Court in
the matter of Shri. Salunkhe Jayawant Vishnu & Ors. (supra) while receiving
payment in accordance with the appropriate pay scale as per the
recommendations of the 5th and 6th Pay Commission from their initial date of
appointment till superannuation.
4. Rule is disposed of in the aforesaid terms with no orders as to costs.
(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)
Ashvini Kakde 4 of 4
This judgment has been modified as per the order dated 11th December 2023.
