Petitioners seeking pay scale adjustment to match juniors with later Ph.D. qualification. Court ordered pay fixation and arrears payment within six months to ensure no discrimination.
Costs to be incurred; pay re-fixed with arrears to be paid within six months to match juniors.
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67-wp-799-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
67 WRIT PETITION NO.799 OF 2019
JALINDAR SAKHARAM AMBHORE AND OTHERS ..PETITIONERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS
Mr. Abhishek C. Deshpande, Advocate for the
Petitioners.
Mr. S. B. Nanode, AGP for Respondents-State.
CORAM : S. V. GANGAPURWALA &
ANIL S. KIOR, JJ.
DATED : 29th AUGUST, 2019.
PER COURT:-
1.The petitioners seek stepping up of pay
scale. According to the learned counsel for
petitioners, the petitioners are awarded Ph.D
qualification prior to 01.01.2006. Mr. Pawar is
junior to petitioners. He has acquired
qualification of Ph.D after 01.01.2006 and he has
been granted benefit of non-compounded increment.
A senior cannot get salary less than his junior.
2.The respondents shall take necessary
action to step up the pay of petitioners so as to
bring it at par with the juniors where all the
parameters are same and shall not discriminate only
because the junior teachers have acquired Phd.d.
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Degree and are getting higher salary during
implementationof6thPayCommission's
recommendations. The salaries of petitioners may
be re-fixed and arrears be paid within a period of
six months.
3.Writ petition is disposed of. No costs.
(ANIL S. KILOR) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/August-19
1 issue framed by the court
Whether petitioners holding Ph.D. qualification acquired prior to 01.01.2006 are entitled to step up in pay scale to match juniors who acquired qualification after such date.
Jalindar Sakharambhore and Others
The State of Maharashtra and Others
S. V. Gangapurwala
Anil S. Kiolor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court