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2017 DIGILAW 1248 (BOM)

Satish Kawaduji Kakade v. State of Maharashtra

2017-07-03

R.K.DESHPANDE, SWAPNA JOSHI

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JUDGMENT : 1. The challenge in this petition is to the order dated 17.01.2001 passed by the Department of Higher and Technical Education, Government of Maharashtra, refusing the placement of the petitioners working as Technical Assistants in the Department of Chemical Technology, Amravati University, in the scale of Rs.1640-2900 with effect from the date of their appointments. The petitioner No.1 was appointed on 13.08.1997, whereas the petitioner No.2 was appointed on 25.08.1998. 2. It is not in dispute that on the date of appointment, the petitioners were placed in the scale of Rs.1400-2300 and they were substantively occupying two posts of Technical Assistant in the Department of Chemical Technology, Amravati University. There is one post of Technical Assistant (Engineering) in the Engineering Department of the Amravati University, to which pay scale of Rs.1640-2900 was applicable. It is not in dispute that the services of the petitioners as Technical Assistants in the Department of Chemical Technology are also transferable on the post of Technical Assistant (Engineering). Thus, the inter se transfer on the posts in two Departments is permissible. The petitioners, therefore, claim parity in the scale of pay i.e. Rs.1640-2900 available to the post of Technical Assistant in Engineering Department. 3. The Respondent No.4 University, employer of the petitioners, recommended on 23.09.1998 for grant of such parity to the Joint Director of Higher Education, Amravati. It is placed on record at page 32. The Joint Director of Education also recommended parity to the Director of Higher Education vide its communication dated 29.05.1999 to provide such parity to the petitioners. It is placed on record at page 36. The Amravati University also forwarded its recommendation to the State Government directly on 05.07.1999, placed on record at page 39. The impugned order dated 17.01.2001 rejects the proposal without assigning any reason and it is communicated to the Registrar, Amravati University, Amravati. 4. The petitioner filed Civil Application No. 2396 of 2010 alongwith the recommendation of the Director of Higher Education to the State Government made on 13.08.2010, for grant of such parity. The petitioners claimed direction to the State Government to take decision in the matter within the stipulated period. On 09.09.2010, this Court passed an order as under; "Heard. 4. The petitioner filed Civil Application No. 2396 of 2010 alongwith the recommendation of the Director of Higher Education to the State Government made on 13.08.2010, for grant of such parity. The petitioners claimed direction to the State Government to take decision in the matter within the stipulated period. On 09.09.2010, this Court passed an order as under; "Heard. The civil application for direction to the respondent no.1 to decide the proposal/recommendation submitted by respondent No.2 Director of Higher Education vide communication dated 13/8/2010 in respect of the revised pay scale of the petitioner of the post of Technical Assistant in Chemical Technology Department of Amravati University is allowed with a direction to decide the same within a period of 6 months from today" 5. In spite of the aforesaid order and lapse of about 7 years, the State Government has not taken any decision, atleast placed on record to indicate that the claim of the petitioners is rejected for any valid reasons. The matter is pending for about 15 years, but there is no return filed by the State Government opposing the claim. We are at loss to know the reason for rejection of the claim, either from the order impugned or from any response to the petition. The other respondents have fled affidavits supporting the claim of the petitioners. We are convinced that the recommendations are justified and there is no valid reason put forth to deny such claim. In view of this, we have no alternative but to allow this petition and issue the appropriate directions. 6. In the result, this petition is allowed and the following order is passed. [i] The order dated 17.01.2001 passed by the State Government rejecting the claim of the petitioners for placement in the scale of Rs.1640-2900 on the date of appointment of the petitioners is quashed and set aside. [ii] The respondent No.1 State Government is directed to grant approval to the recommendations submitted by the respondent Nos. 2, 3 and 4 for placement of the petitioners in the scale of Rs.1640-2900 from the date of appointment of the petitioners and to grant the petitioners all consequential benefits including the revision in the said scale made from time to time on par with those which are made available to the Technical Assistants in the Engineering Department of the Amravati University. [iii] We grant the petitioners, the interest at the rate of 8% per annum after the expiry of the period of six months from the order dated 09.10.2010 passed by this Court on all the monetary benefits available to the petitioners. [iv] The entire arrears including interest be calculated within a period of six months from the date of receipt of this judgment and be paid to the petitioners. [v] If such exercise is not carried out within a period of six months, the respondent No.1 shall be liable to pay penal interest at the rate of 24% per annum from the date of this judgment till the realization of the amount. Rule is made absolute in these terms. No order as to costs.