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CDJ 2026 BHC 1152
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| Court : In the High Court of Bombay at Nagpur |
| Case No : Writ Petition No. 5950 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE Y.G. KHOBRAGADE & THE HONOURABLE MR. JUSTICE SUSHIL M. GHODESWAR |
| Parties : Nitin Anandrao Pathode & Others Versus Chief Secretary, Higher & Technical Education Department, Mumbai & Others |
| Appearing Advocates : For the Petitioners: S.N. Chikhale, Advocate. For the Respondents: R1 to R3, S.C. Joshi, AGP. |
| Date of Judgment : 16-06-2026 |
| Head Note :- |
Comparative Citation:
2026 BHC-NAG 7759,
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Government Resolution dated 27.02.2026
- Government Resolution dated 27.02.2006
2. Catch Words:
- pay‑scale
- revised pay‑scale
- 7th pay scale
- arrears
- writ petition
- monetary benefits
3. Summary:
The petitioners, appointed as Laboratory Assistants in various colleges, sought direction to be placed in the revised pay‑scale of Rs. 4000‑6000 as per the Government Resolution dated 27.02.2006/2026. The Court noted that the issue was already decided in Writ Petition No. 7537/2025, affirming the applicability of the said resolution. Consequently, the petitioners were held entitled to the revised pay‑scale and corresponding arrears. The Court ordered the respondents to implement the revised pay‑scale and release all monetary benefits within three months. No costs were awarded. The writ petition was allowed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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Oral Judgment:
Y.G. Khobragade, J.
(1) Heard.
(2) Rule. Rule made returnable forthwith. The matter is heard finally with the consent of the learned counsel for the parties.
(3) Heard the learned counsel appearing for the petitioners and learned AGP for respondent Nos.1 to 3/State.
(4) By the present petition, the petitioners prayed for issuance of a direction against the respondents to grant revised pay-scale of Rs.4000-6000 to the post of the petitioners as ‘Laboratory Assistant’ and they should be extended benefit of revised pay-scale as per the Government Resolution dated 27.02.2026.
(5) Undisputedly, the petitioner Nos.1 to 14 were appointed on different dates with different colleges to the post of Lab. Assistant as under :
MOHSINBHAI ZAWERI MAHAVIDYALAYA, DESAIGANJ (WADSA)
| Petitioner No.
| Name
| Post
| Date of Appointment
| Working / Retired
| 1
| Shri Nitin Anandrao Pathode
| Lab. Assistant
| 01/08/2012
| Working
|
GRAMGEETA MAHAVIDYALAYA, CHIMUR
| Petitioner No.
| Name
| Post
| Date of Appointment
| Working / Retired
| 2
| Shri Yogesh Prakash Sontakke
| Lab. Assistant
| 02/08/2019
| Working
|
NETAJI SUBHASHCHANDRA SCIENCE COLLEGE, MULCHERA
| Petitioner No.
| Name
| Post
| Date of Appointment
| Working / Retired
| 3
| Shri Rajesh Ashok Mudawar
| Lab. Assistant
| 01/07/2009
| Working
|
VIDYA VIKAS ART'S, COMMERCE & SCIENCE COLLEGE, SAMUDRAPUR
| Petitioner Nos.
| Name
| Post
| Date of Appointment
| Working / Retired
| 4
| Shri Mukesh Tarachand Hulkey
| Lab. Assistant
| 15/06/2019
| Working
| 5
| Shri Harshal Rajabhau Umare
| Lab. Assistant
| 15/06/2019
| Working
| 6
| Shri Nilesh Shankarrao Ghadge
| Lab. Assistant
| 17/06/2019
| Working
|
JAGAT ARTS, COMMERCE & INDIRABEN HARIHARBHAI PATEL SCIENCE COLLEGE, GOREGAON
| Petitioner No.
| Name
| Post
| Date of Appointment
| Working / Retired
| 7
| Shri Moreshwar Punaji Sonawane
| Lab. Assistant
| 30/09/1992
| Working
|
BHAVABHUTI ARTS AND COMMERCE COLLEGE, AMGAON
| Petitioner No.
| Name
| Post
| Date of Appointment
| Working / Retired
| 8
| Shri Kishorkumar Sukhram Maharwade
| Lab. Assistant
| 01/07/2010
| Working
|
SHANKARLAL AGRAWAL SCIENCE COLLEGE SALEKASA
| Petitioner No.
| Name
| Post
| Date of Appointment
| Working / Retired
| 9
| Shri Bhaskar Ramchandra Landge
| Lab. Assistant
| 09/07/2008
| Working
| 10
| Shri Vinayak Ramchandra Meshram
| Lab. Assistant
| 27/12/2019
| Working
|
ST. FRANCIS D'SALES COLLEGE SEMINARY HILL'S, NAGPUR
| Petitioner Nos.
| Name
| Post
| Date of Appointment
| Working / Retired
| 11
| Shri Rajesh Venkatrao Rangari
| Lab. Assistant
| 17/04/2005
| Retired
| 12
| Shri Rajendra Ramji Bhandari
| Lab. Assistant
| 29/08/2006
| Working
| 13
| Ms. Vaishali Francis Elias
| Lab. Assistant
| 26/04/2010
| Working
| 14
| Mr. Vinsen Philip More
| Lab. Assistant
| 26/04/2010
| Working
|
(6) The issue involved in the present petition is no more res integra in view of the judgment dated 30.06.2025 passed by the Co-ordinate Bench at Aurangabad in Writ Petition No.7537/2025 to which one of us (Coram : Y.G. Khobragade, J) is a Member. The fact of applicability of the Government Resolution dated 27.02.2026, not being denied by the respondents, therefore, considering the peculiar facts of the present case as well as the Government Resolution dated 27.02.2006, the petitioners are entitled to the revised pay-scale of Rs.4000-6000 for the post of ‘Laboratory Assistant’.
(7) In view of above discussion, we are inclined to allow the present writ petition and proceed to pass the following order :
ORDER
(8) Writ Petition No.3701/2023 is hereby allowed in terms of prayer clause Nos.(i) & (ii), which read as under :
(i) Direct the respondents to grant revised pay-scales of Rs.4000-6000 to the post of Laboratory Assistants and accordingly, petitioners should be given benefit of the Revised pay-scale as per Government Resolution dated 27.02.2006 (Annexure-I) which will be formulated in respect of the present 7th pay scale within time bound period in the interest of justice.
(ii) Hold and declare that petitioners are entitled to the pay scale of Rs.4000-6000 as prescribed in the Government Resolution dated 27.02.2006 (Annexure-I) as applicable to the Laboratory Assistant and accordingly the petitioner be paid relevant revised monetary benefits as per present 7th pay scale and arrears thereupon within a time bound period in the interest of justice.”
(9) The respondents are hereby directed to release all the monetary benefits under the Government Resolution dated 27.02.2006 within a period of three months from the date of receipt of copy of this order.
(10) No order as to costs.
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