Allowed

Satish Bhagwanrao Jadhav and Others v. the State of Maharashtra and Others

Bombay HC29 Aug 2016WP/1302/2016

Case brief

AI extract

What is this about?

A five-judge bench allowed this writ petition seeking equalization of pay for erstwhile lecturers with Junior Professors. The court directed respondents to step up pay and pension without discrimination based on qualifications and to pay arrears within six months, relying on previous precedents.

What did the court decide?

Respondents to step up pay/pension to parity with Junior Professors, refix salaries and pay arrears within six months, without discrimination based on qualifications.

Satish Bhagwanrao Jadhav and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1302 OF 2016

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Satish Bhagwanrao Jadhav Age: 57 years, occu: service, R/o House No.33, Yashwant Nagar, Ambad Road

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Babasaheb Ramchandra Gaikwad, Age: 57 years, occu: service, R/o Yashwant Nagar, Ambad Road, Jalna

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Balaji Shankarrao Pimple, Age: 57 years, occu: service, R/o Yashwant Nagar, Ambad Road, Jalna.

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Dadasaheb Uttamrao Mote, Age: 57 years, occu: service, R/o Yashwant Nagar, Ambad Road, Jalna

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Vishwas Raghunathrao Kadam, Age: 57 years, occu: service, R/o Shardanagar, Ambad, Dist. Jalna.

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Sulbha Ambadasrao Murlidhar, Age: 57 years, occu: service, R/o Sharadnagar, Ambad, Dist. Jalna.

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Narayan Haribhau Borade, Age: 61 years, occu: service, R/o Yashwant Nagar, Ambad road, Jalna. Petitioners Versus

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The State of Maharashtra through Its Principal Secretary Higher & Technical Education Department, Mantralaya, Mumbai 32

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The Director of Higher Education, M.S. Central Building, Pune – 01

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The Joint Director of Higher Education, Aurangabad Region, Aurangabad

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Dr. Babasaheb Ambedkar Marathawada University, Aurangabad through Its Registrar.

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Matsyodari Shikshan Sanstha, Jalna Near Motibagh, Jalna through Its Secretary

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Matsyodari Shikshan Sanstha’s Arts, Commerce & Science College, Jalna Through Its Principal

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Matsyodari Shikshan Sanstha’s Arts, Commerce & Science College, Ambad Through Its Principal Respondents

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Mr. Abhishek C. Deshpande advocate for the petitioners Mr. V.M. Kagne, Assistant Govt. Pleader for Respondent No.1 to 3 Mr. S.G. Chapalgaonkar advocate for respondent No.4 Mr. S.S. Tope advocate for respondent Nos.5, 6 and 7.

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CORAM : R.M. BORDE &

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K.K. SONAWANE, JJ

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(Date : 29th August, 2016. )

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ORAL JUDGMENT

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(Per: R.M. Borde, J)

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1 Heard.

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2 Rule. With the consent of the parties, petition is taken up

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for final decision at admission stage.

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3 The petitioners are praying for issuance of direction to the respondents for stepping up their pay so as to bring it at par with the pay of Junior Professors with effect from the date of revision of pay/ salary as per the Government Resolution dated 12.8.2009.

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4 The facts giving rise to the instant petition need not be stated in detail, since those are undisputed. Even otherwise, the facts are identical as in the case of Dr. Sudhakar Murlidhar Lawande and others versus State of Maharashtra (Writ Petition No.11129 of 2015) and in the case of Sudamrao Keshavrao Aher

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& Ors. Versus The State of Maharashtra and others (in Writ Petition No.10283 of 2012) decided on 21^st November, 2013 (2014 (1) All MR 697).

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5 For the reasons recorded while disposing of the aforesaid matter presented by Sudamrao Aher and others, the instant Writ Petition also deserves to be allowed and the same is accordingly allowed.

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6 The respondents shall take necessary action to step-up the pay/pension of the petitioners so as to bring it at par with the juniors where all the parameters are same and shall not

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discriminate only because the junior teachers have acquired Ph.D. Degree/M.Phil. Qualification as the case may be and are getting higher salary/pension during implementation of 6^th pay Commission’s recommendations. The salaries of the petitioners may be refixed and arrears be paid within a period of six months.

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7 Rule is made absolute accordingly.

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8 There shall be no order as to costs.

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(K.K. SONAWANE, J) (R.M.BORDE, J)

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vbd

Satish Bhagwanrao Jadhav and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Satish Bhagwanrao Jadhav and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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