Bombay High Court
Puranchandra S/O Kisan Meshram vs The Honourable Chancellor Of ... on 27 June, 2017
Bench: V.A. Naik
2706WP733.15-Judgment 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 733 OF 2015
PETITIONER :- Puranchandra s/o Kisan Meshram, aged 55
years, Occupation : Service, R/o: G-7, Aarohi
Apartments, Ravinagar, Nagpur.
...VERSUS...
RESPONDENTS :- 1. The Hon'ble Chancellor of Rashtrasant
Tukdoji Maharaj Nagpur University, Raj
Bhavan, Malabar Hills, Mumbai.
2. Rashtrasant Tukdoji Maharaj Nagpur
University, Nagpur through its Registrar,
Civil Lines, Nagpur.
3. The Vice-Chancellor, Rashtrasant Tukdoji
Maharaj Nagpur University, Nagpur Civil
Lines, Nagpur.
4. The State of Maharashtra through its
Secretary, Department of Higher and
Technical Education, Mantralaya, Mumbai-
32.
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Mr. B.G.Kulkarni, counsel for the petitioner.
Mr.A.C.Dharmadhikari, counsel for the respondent No.1.
Mr.I.J.Damle, Asstt.Govt.Pleader for the respondent No.4.
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CORAM : SMT. VASANTI A NAIK &
ARUN D. UPADHYE
, JJ.
DATED : 27.06.2017
2706WP733.15-Judgment 2/3
O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)
By this writ petition, the petitioner challenges the order of
the Hon'ble Chancellor of the Nagpur University dated 13/10/2014,
holding that extension of term cannot be granted to the finance and
accounts officer of the university by bypassnig the process of selection
as mandated by the provisions of section 79(1) of the Maharashtra
Universities Act. The petitioner has also challenged the action on the
part of the Nagpur University of issuing an advertisement inviting
applications for recruitment to the post of finance and accounts officer.
During the pendency of the writ petition, by our order
dated 13/03/2015, we had issued Rule in the writ petition and had also
granted interim relief in terms of prayer clause (v). As per the prayer
clause, the respondent Nos.2 and 3 were directed to continue the
appointment of the petitioner on the post of finance and accounts
officer for a second term with effect from 30/05/2014 with all the
benefits of the said post. In terms of the interim order, the petitioner
was continued on the post of finance and accounts officer, however,
since according to the petitioner the pay of the finance and accounts
officer was wrongfully fixed by the university, the petitioner has filed
Writ Petition No.455 of 2016 seeking the fixation of his salary in the
appropriate pay scale. The said writ petition is pending.
2706WP733.15-Judgment 3/3
It is brought to the notice of this court by the learned
counsel for the petitioner that on 27/05/2016 the petitioner is
appointed as a registrar of the Nagpur University, with the result that he
could not continue on the post of finance and accounts officer since
then. It is submitted that the cause for filing the writ petition has been
rendered infructuous due to the subsequent development. It is stated
that in view of the interim orders passed by this court, the petitioner
continued to work on the post of finance and accounts officer and was
also paid the salary for the said post though the grievance of the
petitioner that the salary was not properly fixed is agitated in Writ
Petition No.455 of 2016.
In view of the statements made by the learned counsel for
the petitioner, we find that it would not be necessary to proceed with
the writ petition any longer, in view of the subsequent development.
The issue involved in this writ petition is rendered academic in view of
the subsequent development. Hence, by keeping the issue involved in
this writ petition open, we dispose of the writ petition with no order as
to costs. Rule stands discharged.
JUDGE JUDGE
KHUNTE
