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2014 Supreme(Bom) 1256

B.P.DHARMADHIKARI, P.R.BORA
Mahadeo s/o Pandurang More – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. Rohit Deo with Mr. P.B. Patil, Advocates for Petitioners.
Mr. D.B. Patel, Asstt. Govt. Pleader for Respondent Nos. 1 to 4.
Mr. M.G. Bhangde Senior Advocate with Shri R.M. Bhangde, Advocate for Respondent Nos. 6 and 7.

JUDGMENT

(Per B.P. Dharmadhikari, J)

1. In this writ petition filed under article 226 of Constitution of India, the petitioner teachers seek salary as per the pay scale prescribed by State Government through its resolution dated 21st May 2010 extending 6th wage revision to teaching and non-teaching staff of unaided non-government i.e. private educational institutions. They are working with respondent no.7, which is an unaided private minority School. It is not in dispute that respondent no.5 is a minority educational society while respondent no.7 is the school which has been recognized by State Government as per the provisions of Secondary School Code as revised in 1979, (hereinafter referred to as “SS Code” for short). Permission to open school has been given on 17 August 1991 and as per clause 2 of that permission, management is obliged to pay wages to teachers in the pay scales as prescribed by State Government from time to time. It is in this background that on 23.04.2012, a notice for final disposal of writ petition came to be issued. Accordingly, we have heard learned Advocate Rohit Deo with Advocate P.B. Patil for petitioners, learned AGP D.B. Patel for respondent nos. 1 to 4
















































































































































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