149-wp-5093-2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5093 OF 2022 1. Dr. Prabhakar S/o Vilasrao Shinde Age: 54 yrs. Occu: Lab Assistant R/o. C/o: YCIS College Satara, 25/27, Kamathipura, Godoli, Satara, Maharashtra 415001 2. Bhagavan Vittalrao Indalkar Age: 51 yrs. Occu: Lab Assistant R/o. C/o: YCIS College Satara, 25/27, Kamathipura, Godoli, Satara, Maharashtra 415001 3. Rajesh Vishwanath Bhosale Age: 53 yrs. Occu: Lab Assistant R/o. C/o: YCIS College Satara, 25/27, Kamathipura, Godoli, Satara, Maharashtra 415001 4. Gajanan Gujaba Misal Age: 48 yrs. Occu: Lab Assistant R/o. C/o: YCIS College Satara, 25/27, Kamathipura, Godoli, Satara, Maharashtra 415001 Nikita 1 of 16 NIKITA KAILAS DARADE Digitally signed by NIKITA KAILAS DARADE Date: 2025.04.21 20:48:41 +0530 149-wp-5093-2022.odt 5. Sachin Jaganath Ghadage Age: 40 yrs. Occu: Lab Assistant R/o. C/o: YCIS College Satara, 25/27, Kamathipura, Godoli, Satara, Maharashtra 415001 6. Dadasaheb s/o Keru Kamble Age: 52 yrs. Occu: Lab Assistant R/o. C/o: YCIS College Satara, 25/27, Kamathipura, Godoli, Satara, Maharashtra 415001 7. Mainuddin s/o Anrunddin Mulla Age: 60 yrs. Occu: Lab Assistant R/o. C/o: YCIS College Satara, 25/27, Kamathipura, Godoli, Satara, Maharashtra 415001 8. Bhaskar S/o Shashikant Ghone Age: 54 yrs. Occu: Lab Assistant R/o. C/o: Kisanveer Mahavidyalay Wai, Panchgani Road, Wai, Satara, Maharashtra 412803 9. Madhukar S/o Raghunath Shinde Age: 46 yrs. Occu: Lab Assistant R/o. C/o: Kisanveer Mahavidyalay Wai, Nikita 2 of 16 149-wp-5093-2022.odt Panchgani Road, Wai, Satara, Maharashtra 412803 10. Anadrao S/o Malhari Bodare Age: 58 yrs. Occu: Lab Assistant R/o. C/o: Kisanveer Mahavidyalay Wai, Panchgani Road, Wai, Satara, Maharashtra 412803 11. Ramesh S/o Vishnu Nalawade Age: 64 yrs. Occu: Lab Assistant R/o. C/o: Kisanveer Mahavidyalay Wai, anchgani Road, Wai, Satara, Maharashtra 412803 12. Sudhakar S/o Shantaram Jaygade Age: 43 yrs. Occu: Lab Assistant R/o. C/o: Prof. Dr. N.D. Patil Mahavidyalaya, Malkapur-Perid Maharashtra 13. Atmaram S/o Krushnarao Pawar Age: 47 yrs. Occu: Lab Assistant R/o. C/o: Sadguru Gadage Maharaj College Karad, Masur Rd, Ashtavinayak Colony, Vidyanagar, Karad, Maharashtra 415124 14. Amin Shabbir Mahabari Nikita 3 of 16 149-wp-5093-2022.odt Age: 40 yrs. Occu: Lab Assistant R/o. C/o: Sadguru Gadage Maharaj College Karad, Masur Rd, Ashtavinayak Colony, Vidyanagar, Karad, Maharashtra 415124 15. Avinash S/o Dagdu Javir Age: 41 yrs. Occu: Lab Assistant R/o. C/o: Sadguru Gadage Maharaj College Karad, Masur Rd, Ashtavinayak Colony, Vidyanagar, Karad, Maharashtra 415124 16. Anil S/o Atmaram Chavan Age: 35 yrs. Occu: Lab Assistant R/o. C/o: Sadguru Gadage Maharaj College Karad, Masur Rd, Ashtavinayak Colony, Vidyanagar, Karad, Maharashtra 415124 17. Sachin S/o Yashwant Shedage Age: 44 yrs. Occu: Lab Assistant R/o. C/o: Yeshwantrao Chavan College of Science Karad, karad Masur Road Tq Karad & Dist: Satara. 18. Anadrao S/o Balwant Thorat Age: 44 yrs. Occu: Lab Assistant R/o. C/o: Yeshwantrao Chavan College of Science Karad, karad Masur Road Nikita 4 of 16 149-wp-5093-2022.odt Tq Karad & Dist: Satara 19. Sachin S/o Mugutrao Shinde Age: 38 yrs. Occu: Lab Assistant R/o. C/o: Yeshwantrao Chavan College of Science Karad, karad Masur Road Tq Karad & Dist: Satara 20. Danaji S/o Balaso Bhosale Age: 42 yrs. Occu: Lab Assistant R/o. C/o: Yeshwantrao Chavan College of Science Karad, karad Masur Road Tq Karad & Dist: Satara. 21. Sunil S/o Vishnu Hattigotte Age: 57 yrs. Occu: Lab Assistant R/o. C/o: Raja Shripatrao Bhagawantrao Mahavidyalaya College Aundh, Tq: Kathav Dist: Satara. 22. Avduth S/o Shivram Kulkarni Age: 53 yrs. Occu: Lab Assistant R/o. C/o: I.S.C College Khed, Tq Khed Dist: Ratnagiri 23. Rajendra S/o Laxman Desai Age: 54 yrs. Occu: Lab Assistant Nikita 5 of 16 149-wp-5093-2022.odt R/o. C/o: ShriPancham Khemraj Mahavidyalaya, Near Moti Talav, Tal - Sawantwadi, Dist - Sindhudurg. 24. Umesh S/o Uttam Gavas Age: 56 yrs. Occu: Lab Assistant R/o. C/o: ShriPancham Khemraj Mahavidyalaya, Near Moti Talav, Tal - Sawantwadi, Dist - Sindhudurg. 25. Sujit S/o Sonu Pawar Age: 47 yrs. Occu: Lab Assistant R/o. C/o: Urban Bank Science, Behind ST stand, Near Azad Maidan, Dapoli Tq: Dapoli Dist: Ratnagiri. 26. Bagwan S/o Aanandrao Ingwale Age: 54 yrs. Occu: Lab Assistant R/o. C/o: Dr. Babasaheb Ambedkar College, Mahad, Mumbai-Goa Highway No. 17, Mahad, Tq: Mahad Dist: Raigad. 27. Vilas S/o Ganapat Sonawane Age: 62 yrs. Occu: Lab Assistant R/o. C/o: Dr. Babasaheb Ambedkar College, Mahad, Mumbai-Goa Highway No. 17, Mahad, Tq: Mahad Dist: Raigad. Nikita 6 of 16 149-wp-5093-2022.odt 28. Ranjeet S/o Ravindra Mahapralkar Age: 37 yrs. Occu: Lab Assistant R/o. C/o: Loknete Gopinath Munde Mahavidyalaya, Mandangad, Tq: Mandangad Dist: Ratnagiri. 29. Amol S/o Surendra Rajapurkar Age: 41 yrs. Occu: Lab Assistant R/o. C/o: G.M. Vedak College, Tala Tq: Tala Dist: Raigad. 30. Kashinath S/o Bagwat Kale Age: 59 yrs. Occu: Lab Assistant R/o. C/o: Chandmal Tarachand Bora, College Shirur, Tq: Shirur Dist: Pune 31. Sachin S/o Janardhan Dede Age: 41 yrs. Occu: Lab Assistant R/o. C/o: Gramonti Mandal Arts Science Commerce College, Narayangaon, Tq: Junnar Dist: Pune 32. Anil S/o Kashiram Umarathkar Age: 50 yrs. Occu: Lab Assistant R/o. C/o: Sir Parashurambhau College, Tilak Road, Sadashiv Peth Pune Tq: Pune Dist: Pune. ...PETITIONERS VERSUS Nikita 7 of 16 149-wp-5093-2022.odt 1. The State of Maharashtra Through Chief Secretary Finance Department Mantralaya, Mumbai -32 2. The Principal Secretary Higher and Technical Education Maharashtra State, Mantralaya, Mumbai-32. 3. The Director of Higher Education Maharashtra State, Pune. 4. The Joint Director of Higher Education, Kolhapur Region Kolhapur. 5. The Joint Director of Higher Education Panvel, Region Panvel. 6. The Joint Director of Higher Education Pune, Region Pune. 7. Sr. Auditor Joint Director Office, Higher Education, Kolhapur.\ Nikita 8 of 16 149-wp-5093-2022.odt 8. Sr. Auditor Joint Director Office, Higher Education Panvel. 9. Sr. Auditor Joint Director Office, Higher Education, Pune. 10. The Principal, Yashwantrao Chavan Institute of Science Satara 25/27, Kamthipura Godoli, Satara, Maharashtra 415001 11. The Principal, Kisanveer Mahavidyalaya Wai Panchgani Road, Wai, Satara, Maharashtra 412803 12. The Principal, Dr. N. D. Patil Mahavidyalaya, Malkapur Perid, District Kolhapur, Maharashtra 415101 13. The Principal, Sadguru Gadage Maharaj College, Karad Masur Road, Ashtavinayak Colony, Vidyanagar, Karad, District Kolhapur Nikita 9 of 16 149-wp-5093-2022.odt Maharashtra 415124 14. The Principal, Yashwantrao Chavan Institute of Science Karad-Masur Road, Vidyanagar, Karad, Maharashtra 415124 15. The Principal, Raja Shripatrao Bhagawantrao Mahavidyalaya College Aundh, Tal-Khatav District Satara Maharashtra 415510 16. The Principal, I.S.C. College Khed Taluka Khed, District Ratnagiri Maharashtra 415709 17. The Principal, Shri Pancham Khemraj Mahavidyalaya Near Moti Talav, Tal. Sawantwadi, District Sindhudurg 18. The Principal, Dapoli Urban Bank Science College Behind ST stand, Near Azad Maidan, Taluka Dapoli, District Ratnagiri, Maharashtra 415712 Nikita 10 of 16 149-wp-5093-2022.odt 19. The Principal, Dr. Babasaheb Ambedkar College Mahad Mumbai Goa Highway No.17. Taluka Mahad, District Raigad Maharashtra 402301 20. The Principal, Loknete Gopinathji Munde Arts Commerce and Science College, Mandangad. Tal. Mandangad, Dist. Ratnagiri. 415 203. 21. The Principal, G.M. Vedak College, Tala Taluka Tala, District Raigad Maharashtra 402111 22. The Principal, Chandmal Tarachand Bora College Shirur Pune-Nagar Highway, Shirur, Pune, Ghodnadi, Maharashtra 412210 23. The Principal, Gramonti Mandal Arts Science Commerce College, Narayangaon Taluka Junnar, District Pune Nikita 11 of 16 149-wp-5093-2022.odt Maharashtra 410504 24. The Principal, Sir Parashurambhau College, Lokmanya Bal Gangadhar Tilak Rd, Lokamanya Nagar, Perugate, Sadashiv Peth, Pune, Maharashtra 411030 …RESPONDENTS Mr. Rakesh Bramhankar for the Petitioners. Ms. P. N. Diwan, AGP for the State Respondent Nos. 1 to 9. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 17th APRIL, 2025 ORAL JUDGMENT (RAVINDRA V. GHUGE, J.):- 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. The Petitioners have put forth prayers clauses (B) and (C), which read as under :- [B} The respondents may kindly be directed to pay benefit of 5th Pay Commission and revised pay scale of Rs. 4000-6000/- meant for laboratory Nikita 12 of 16 149-wp-5093-2022.odt Assistant w.e.f. 1.1.1996 to petitioners. (C) Respondents may kindly be directed to give the pay grade in 6th pay Commissioner and pay level as per 7th pay Commission.” 3. We have considered the submissions of the learned Advocate for the Petitioners and the learned AGP on behalf of the Respondents. A long list of judgments delivered by this Court at the Aurangabad Bench and at the Principal Seat, from 4th July, 2014 onwards, are placed on record. Similarly, a long list of orders of the Hon’ble Supreme Court, from page nos.33 till 37, are also placed on record, which indicate that the Special Leave Petitions filed by the State Government have been rejected. 4. Similarly, a recent order dated 5th December, 2024 passed by the Hon’ble Supreme Court in Special Leave to Appeal (C) No.8707 of 2023, filed by the State of Maharashtra and Another v/s. Sanjay and Ors., for challenging the final judgment of this Court dated 24th August, 2022 in Writ Petition No.6311 of 2022, is also cited before us. The SLP has been dismissed. The said order indicates a long list of SLPs that were filed by the State of Maharashtra and all of them have been dismissed. Nikita 13 of 16 149-wp-5093-2022.odt 5. It is, thus, a crystalized position that the Government Resolution dated 27th February, 2006 is applicable to employees working as Laboratory Assistants and the benefits flowing from the same are to be extended to them. The State Government has not introduced any Government Resolution by which the effect of the Government Resolution dated 27th February, 2006 has been withdrawn or neutralised. 6. The Petitioners are entitled for the benefits of the Government Resolution dated 27th February, 2006 in view of the Judgment dated 4th July, 2014 delivered in Writ Petition No.243 of 2007, at the Aurangabad Bench and the order dated 19th April, 2017 vide which, the Review Petition No.119 of 2016, was rejected. 7. The learned Advocate for the Petitioners submits that for the last 11 years, this Court has been repeatedly passing such orders. Despite series of such orders and the Hon’ble Supreme Court having repeatedly dismissed the SLPs, the Government is still not following the Government Resolution and compelling the litigants to approach this Court and indulge in litigation, per-force. Nikita 14 of 16 149-wp-5093-2022.odt He submits that even earlier, the Court had granted interest on delayed payments. The learned AGP submits that interest may not be granted. 8. We are of the view that the concerned Department of the State Government should have actually issued a circular bringing to the notice of all concerned, the fact of this Court having delivered orders in the last 11 years and the SLPs filed by the State of Maharashtra having been repeatedly rejected. The circular should have had the semblance of a direction for specific implementation of the Government Resolution dated 27th February, 2006. 9. Even after 11 years of the orders passed by this Court, the Petitioners are compelled to approach this Court by filing Petitions, which is purely a compulsion. Such unnecessary litigation could have been avoided. It is in these circumstances that we are granting interest on the arrears to be paid to the Petitioners at the rate of 6% p.a., from the date of the filing of the Petitions. 10. This Writ Petition is allowed, in terms of prayer clauses (B) and (C). The arrears shall be calculated along with the Nikita 15 of 16 149-wp-5093-2022.odt interest component and the same shall be paid to these Petitioners within 60 days from today. 11. We also observe that if in future similar matters come up before this Court praying for a similar relief, we would consider imposing costs on the concerned officers or recover the interest component from their salaries. 12. Rule is made absolute in the above terms. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita 16 of 16