Allowed

Sriram Devidas Joshi and Others v. the State of Maharashtra and Others

Bombay HC10 Jun 2016WP/1381/2016

Case brief

AI extract

What is this about?

This petition sought a direction to respondents to equalise the petitioners' pay with junior Associate Professors based on a 2009 Government Resolution. The Court held that discrimination based on doctoral degrees was not permissible and fixed the pay differential.

What did the court decide?

Respondents to take action to step up petitioners' pay to match junior colleagues and re-fix salaries with arrears payment within six months.

Sriram Devidas Joshi and Others Vs the State… — Pension and Retirement Benefits | Bombay HC (2016)

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82-wp1381-16.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1381 OF 2016

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1. Sriram s/o Devidas Joshi

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2. Prakash s/o Tulshiram Chaudhari

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3. Prakash s/o Mangilal Kothari

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4. Arun s/o Shankar Bhole

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5. Shaila Tukaram Birajdar … Petitioners

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VERSUS

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1. The State of Maharashtra Through its Principal Secretary, Higher & Technical Education Mantralaya, Mumbai 400 032

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2. The Director of Higher Education, … Respondents. Maharashtra State, Central Building, Pune.

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3. The Joint Director of Higher Education, 1^st Floor, Maharashtra Jeevan pradhikaran Building, Jalgaon, Dist. Jalgaon.

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4. KCE Society's Moolji Jaitha College, Jalgaon, dist. Jalgaon.

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Advocate for Petitioners : Mr.Pramod A. Pisal
Mr. P.S. Patil, A.G.P. for the Respondents 1 to 3
Mr. A. V. Hon, Advocate for Respondent No.4

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CORAM: R. M. BORDE &
K. L. WADANE, JJ.
 DATE:
10th June, 2016

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ORAL JUDGMENT (Per Borde, J.):

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1. Heard the learned counsel for the parties.

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2. Rule. Rule made returnable forthwith and the

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petition is heard for final disposal by the consent of
learned counsel for the respective parties.

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3. The petitioners are requesting for issuance of
direction to the respondents for stepping up their pay
so as to bring it at par with the junior Associate
Professor w.e.f. the date of revision of pay/salary as
per Government Resolution dated 12.08.2009.

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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 Vs. State of Maharashtra (WP No.11129/2015) and

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in the case of Sudamrao Keshavrao Aher & ors. Vs. the
state of Maharashtra & others in W.P. No.10283/2012,
decided on 21st 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 of the petitioners so as to bring it
at par with juniors where all the parameters are same

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and shall not discriminate only because the junior
teachers have acquired Ph.D. Degree and are getting
higher salary during implementation of 6thPay
Commission's recommendations. The salaries of the
petitioners may be re-fixed 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. L. WADANE, J.) (R. M. BORDE, J. )

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Sriram Devidas Joshi and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sriram Devidas Joshi and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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