LAWS(BOM)-2016-8-18

ONKAR HIRAMAN MAHAJAN Vs. THE STATE OF MAHARASHTRA

Decided On August 04, 2016
Onkar Hiraman Mahajan Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the learned counsel for the petitioner and the learned A.G.P., heard finally.

(2.) Petitioner is working as Associate Professor with respondent No. 4 College. The petitioner has claimed benefit of Note 6, Appendix I of the Government Resolution dated 12th August, 2009, which reads as under : -

(3.) The learned counsel for the petitioner submits that the provisions of Note No. 6 are squarely applicable to the case of the petitioner. The juniors of the petitioner are getting more pay than that of the petitioner only because the juniors obtained Ph.D. degrees after 1st January, 2006. This anomaly has to be removed by stepping up the pay of the petitioner to make him equivalent to the pay of his juniors and the petitioner should be paid arrears of pay with interest at the rate of Rs.18% per annum. The learned counsel for the petitioner further submits that the similar issue has been decided by the Division Bench of this Court in the case of Sudamrao Keshawrao Aher & others Vs. The State of Maharashtra & others, 2014 (1) ALL MR 697 and the persons similarly situated with the present petitioner have been given benefit of Note 6 of the Government Resolution dated 12th August, 2009, for stepping up of their pay with his juniors. The said judgment has been confirmed by the Hon'ble Supreme Court in Petitions for Special Leave to Appeal (C) Nos. 15053 - 15056/2015 vide order dated 17.11.2015. As such, the said issue is no more res integra. Therefore, he claims that the petitioner should be granted the same relief by allowing the present writ petition.