Writ Petition No. 5406 of 2018 · Bombay High Court
Case Details
2025:BHC-AUG:18370-DB 2-WP-5406-18.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5406 OF 2018 1. Maharashtra Rajya Ashram School, Vastigruh Adhikshak and Shikshakettar Karmachari Sanghatana, Having its registered office at Plot No.37-A, Shramsaphalya Colony, Behind Shabri Hotel, Gondur Road, Walwadi, Tq. & Dist. Dhule Through its Secretary, Vijay Shriram Patil 2. Nandkishor Somaji Savle Age: 42 years, Occu.: Service, R/o Jatwada, Tq. & Dist. Aurangabad 3. Vitthal Jeta Chavan Age: 49 years, Occu.: Service, R/o Matoshree Prathamik Ashram School, Ghusur Tanda, Tq. Kannad, Dist. Aurangabad 4. Malhari Govind Rathod Age: 51 years, Occu.: Service, R/o Prathamik Ashram School, Telwadi, Tq. Kannad, Dist. Aurangabad 5. Kailas Dhanraj Patil Age: 43 years, Occu.: Service, R/o Prathamik Ashram School, Gadkhamb, Tq. Amalner, Dist. Jalgaon 6. Onkar Laxman Kondre Age: 43 years, Occu.: Service, R/o Dnyanprakash Prathamik Ashram School, Rajapur, Tq. Yeola, Dist. Nashik 7. Deepak Dadaji Patil Age: 43 years, Occu.: Service, R/o Prathamik Ashram School, Galane, Tq. Malegaon, Dist. Nashik 1 / 8 2-WP-5406-18.odt ..PETITIONERS 8. Dattatraya Punju Pawar Age: 52 years, Occu.: Service, R/o Prathamik Ashram School, Dahegaon, Tq. Chandwad, Dist. Nashik 9. Nitin Eknath Nitankar Age: 44 years, Occu.: Service, R/o Prathamik Ashram School, Dheku, Tq. Nandgaon, Dist. Nashik VERSUS 1. State of Maharashtra Through Secretary Other Backward Bahujan Welfare Department, Mantralaya, Mumbai-32 2. The Directorate Other Backward Bahujan Welfare Department, Maharashtra State, Pune 3. The Divisional Deputy Director, Other Backward Bahujan Welfare Department, Aurangabad Division, Aurangabad 4. The Divisional Deputy Director, Other Backward Bahujan Welfare Department, Nashik Division, Nashik 5. The Assistant Director Other Backward Bahujan Welfare Department, Aurangabad, Tq. & Dist. Aurangabad 6. The Assistant Director, Other Backward Bahujan Welfare Department, Jalgaon, Tq. & Dist. Jalgaon 7. The Assistant Director, Other Backward Bahujan Welfare Department, Nashik, Tq. & Dist. Nashik ..RESPONDENTS 2 / 8 2-WP-5406-18.odt
Legal Reasoning
this Court in those writ petitions. He pointed out the government resolution issued by Social Welfare Department in respect of the grade pay of Rs.4200/- to the hostel superintendents of the very same department. He also pointed out several orders passed by this Court in connected petitions by which the hostel superintendents are granted the aforesaid grade pay of Rs.4200/-. He submits that there cannot be any justification to discriminate the petitioners. He submits that similar relief be given to the petitioners herein and necessary directions be given to the State. 7. The petition is opposed by learned A.G.P. appearing for the respondents. She pointed out the reply affidavit filed by the respondent – State which is at Pg.No.190. The main ground of the State not to extend the benefit of the same grade pay of Rs.4200/- to the petitioners is that those are isolated posts, and therefore, they are not entitled for pay grade of Rs.4200/-. She further submitted that, the case of the petitioners was considered by the respondent – State and rightly granted them the pay grade of Rs.3100/- /
Arguments
.... Mr. A.D. Pawar, Advocate for petitioners Ms. V.S. Chaudhari, A.G.P. for respondents .... CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 07th JULY, 2025 PER COURT : Learned counsel for the petitioners seeks leave to amend the petition. He submits that there is change in the nomenclature of the government department which is running the government hostels. 2. Leave to amend the nomenclature of the respondent government department. Amendment to be carried out forthwith. 3. Heard finally with the consent of learned counsel for both the sides. 4. The facts in brief giving rise to the present petition are as under :- Petitioner No.1 is the Association of Hostel Superintendents, who are working in the Ashram Schools within the administrative jurisdiction of the Other Backward Bahujan Welfare Department of State of Maharashtra. They have approached this Court by way of present writ petition under Article 226 of the Constitution of India with the following prayers :- “B) To quash and set aside the impugned order annexed at Exh-C passed by the respondent authorities thereby denied to grant the benefits of higher pay scale including grade pay of Rs.4200/- and granted the grade pay fo Rs.3200/- only by issuing 3 / 8 2-WP-5406-18.odt writ of certiorari or any other appropriate writ or direction as the case may be; To hold and declare that the government resolution BB) dated 29.8.2009 (at page no. 219-225) issued by the Social Welfare Department for implementing the sixth pay commission recommendation is violative of Article 14 and 16 of the Constitution of India only to the extent that it is not providing higher pay scale and selection pay scale to the Petitioners at par with the hostel superintendents working in the Tribal Development Department as provided in the GR Dated 29.10.2009 (at page no. 127 to 135) C) To hold and declare that, the petitioners are entitled to get the pay scale of Rs.9300-34000 with grade pay of Rs.4200/- after completion of their 12 years service as per Judgment and orders passed by the Hon’ble High Court dated 04.11.2009 in Writ Petition No. 1491/2001 by issuing necessary writ or direction as the case may be; CC) To hold and declare that the Respondents are making discrimination in between the similarly situated employees working in the same departments i.e. Social Justice and Special Help Department, since the group of the 150 hostel superintendents are getting the higher pay scale @ 9300 34800 with grade pay 4200 and hostel superintendents like petitioners are getting the higher pay scale @ of Rs.5200- 20200 with grade pay 3200. D) The respondent be directed to grant the benefits of hight pay scale including grade pay of Rs.4200/- instead of Rs.3200/- immediately after completion of 12 years qualifying service by petitioner nos.2 to 9 by issuing writ of mandamus or any other appropriate writ or directions as the case may be; To hold and declare that the petitioners are also DD) entitled to get the higher pay scale @ 9300-34800 with grade pay Rs.4200/- at par with their counter parts working in the same department and at par with the hotel superintendents working in the Tribal development department who are getting the higher pay scale at the rate of @ 9300-34800 with grade pay 4200 as per the GR dated 29.10.2009. 4 / 8 2-WP-5406-18.odt Any other suitable and equitable relief may kindly be E) granted in favour of the petitioners. The Respondents may please be directed to pay the EE) arrears of difference in pay scale and all other consequential pay benefits in favour of the petitioners from the date of completion of 12 years service till the date by issuing the necessary writ or directions as the case may be. F) The Respondents may please be directed that the letter dated 22.11.2016 is not applicable in favour of the petitioners since the said letter is not applied by the Respondents to the 45 hostel superintendents mentioned in the GR dated 21.09.2010 & 5.2.2011 and as per the letter dated 15.7.2019 by issuing necessary writ or direction as the case may be.” 5. The petitioners’ main contention is that other hostel superintendents from the very same department, who are similarly placed like the petitioners, are getting the grade pay of Rs.4200/- and the petitioners, who are discharging the similar duties and governed by the same set of rules and possess required qualification, are given grade pay of Rs.3100/- / Rs.3200/-. The petitioners had earlier approached this Court by filing separate petitions which came to be decided by order dated 10th December, 2010 and the respondents were directed to consider the claim of the petitioners under the law laid down by the Division Bench of this Court vide judgment and order dated 04th November, 2009 in case of Sahebrao Karbhari Gunjal and Ors. Vs. State of Maharashtra and Ors. Passed in Writ Petition No. 1491 of 2001. The State had passed the impugned orders and fixed the grade pay of the petitioners at Rs.3100/- / Rs.3200/-. 5 / 8 2-WP-5406-18.odt 6. It is submitted by learned counsel for the petitioners that all those hostel superintendents from the very same department and similarly placed like the petitioners are granted grade pay of Rs.4200/- as they approached
Decision
Rs.3200/-. She submits that the writ petition may be dismissed. 6 / 8 2-WP-5406-18.odt 8. On going through the papers on record and on which there is no dispute i.e. that, Petitioner No.2 – Nandkishor Somaji Savle holds qualification of Bachelor of Arts, and therefore not qualified to be appointed as Hostel Superintendent. There is government resolution dated 21st September, 2010 which speaks of the grade pay to the hostel superintendent having qualification as B.Ed. B.P.Ed. Learned counsel for the petitioners fairly admits that by virtue of this government resolution, Petitioner No.2 – Nandkishor Somaji Savle will not be entitled to seek the said grade pay. 9. As far as other petitioners are concerned, it is seen that they hold the required qualification required to work as hostel superintendents in the hostels which are under the administrative control of the respondents. We have been taken through the judgment of this Court in Writ Petition No. 1491 of 2001 which is at Exh. ‘D’ at pg.no.107. The said writ petition was filed by the hostel superintendents working in the Social Welfare Department. The said judgment shows that, the very issue, i.e. of higher pay scale, was considered and the petition was allowed. There are copies of other orders passed in various petitions wherein similar issue was involved. There is no dispute that the said orders of this Court granting pay grade of Rs.4200/- to the similarly placed hostel superintendents have attained finality. The impugned order shows that this aspect has not been considered by the respondent – State in fixing the lower pay grade for the present petitioners. 7 / 8 2-WP-5406-18.odt It is clear that, by not granting pay grade of Rs.4200/- to the petitioners without any justification, there is discrimination amounting to violation of the provisions of Article 14 of the Constitution of India. Hence, on the ground of parity, the petition is to be allowed and hence we proceed to pass the following order :- ORDER Writ petition is partly allowed. (II) Writ petition to the extent of Petitioner No.2 - Nandkishor Somaji Savle is dismissed. (III) The impugned order fixing the lower pay grade to Petitioner Nos. 3 to 9 are quashed and set aside to their extent. They are held entitled for the grade pay of Rs.4200/- which is granted to the similarly placed hostel superintendents. (IV) Respondent – State shall place Petitioner Nos. 3 to 9 in the grade pay of Rs.4200/- from the date of filing of the writ petition i.e. 22nd March, 2018 and shall disburse the consequential benefits. (V) The above exercise be completed within a period of six (6) weeks from the date of receipt of copy of this order. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 8 / 8