MATLANE KALPANA NISHIKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Looking to the nature of the controversy, we have heard matter finally by issuing Rule & making it returnable forthwith, with consent.

(2.) Heard parties on Civil Application 8800 of 2012 for adding applicants who are Section Officers as party petitioners.

(3.) The petitioners who are Section Officers, claim that as all of them are identically situated, and are performing same duties, there cannot be any discrimination in their salaries. The moment a Section Officer is found entitled to pay scale of Rs. 8,000-13,500/-, all Section Officers must be extended that pay scale and ceiling of completion of 4 years service as Section Officer imposed vide Govt. Resolution dated 29.1.2010 is, therefore, arbitrary & violative of Art. 14,16(1) & 39(d) of the Constitution of India. By placing reliance on the judgment of the Apex Court in the case of " D. S. Nakara and others Vs. Union of India", 1983 AIR(SC) 130, learned counsel submits that a homogeneous class cannot be subjected to such treatment thereby artificially creating two different sections or groups within it.