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2025 Supreme(Bom) 320

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G. MEHARE, SHAILESH P. BRAHME, JJ.
Bhartiya Kamgar Sena, Through its working President Shri. Ashok Devisingh Pawar – Appellant
Versus
State of Maharashtra, Through Principal Secretary, Technical Education Department – Respondent


Advocates:
Advocate Appeared:
Advocate for Petitioners: Mr. S.V. Natu h/f Mr. V.P. Golewar
AGP for Respondent/State: Mr. A.S. Shinde
Advocate for Respondent Nos.7 to 9: Mr. R.N. Dhorde, Senior
Counsel i/b Mr. V.S. Kadam
Advocate for Respondent No.3: Mr. Chaitanya V. Dharurkar
Advocate for Respondent No.5: Mr. K.M. Suryawanshi
Advocate for Applicants in CA: Mr. V.D. Salunke h/f Mr. M.V. Salunke

JUDGMENT :

S.G. MEHARE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. Since both writ petitions are having identical issues, taken up for common judgment and order.

3. Both petitions are filed by Bhartiya Kamgar Sena for and on behalf of its members.

4. Writ Petition No.13897 of 2018 is filed by the Bhartiya Kamgar Sena through its office bearers and rest of the petitioners were its members and employees of Mahatma Gandhi Mission Trust. They were employed in the college set up by the trust in Nanded. Admittedly, they are the employees. They had filed writ petition for extending the pay scale under 7th pay commission. That would be applied to petitioner nos.7 to 21. They have also claimed the payment of arrears in terms of the pay scale under 6th pay commission. They have given the details of their salary and the proposed pay scale as per 6th pay commission. Their pay scale has been prescribed by AICTE, State Government in terms of the notification dated 05.03.2010 and Government Resolution dated 20.08.2010. It is the contention that refusing to pay the pay scale is arbitrary and illegal. They are entitled to the pay band of Rs.15,600, with

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