Association Of College And ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 7892 Bom

     (Judgment)                     (1)          W.P. No. 12122 of 2017




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
            AURANGABAD BENCH, AT AURANGABAD.       

                     Writ Petition No. 12122 of 2017     

                                           District : Aurangabad



Association of College and 
UniversitySuperannuated Teachers 
(Maharashtra),
A society registered at 
No.MAH-853/2009,
Under the provisioins of the 
Societies Registration Act, 
having its Head office
at 20, Sawarkarnagar, N-5 (South), 
CIDCO, Aurangabad,
through its President and
Convener, Principal Dr. M.A. Wahul.          .. Petitioner.


          versus


1. The State of Maharashtra,
   Through its Secretary,
   Higher and Technical Education
   Department, Mantralaya,
   Mumbai - 32.

2. The Director,
   Higher Education,
   Maharashtra State,
   Pune.

3. The Joint Director,
   Higher Education,
   Aurangabad Region,
   Aurangabad.

4. The Joint Director,
   Higher Education,
   Aurangabad Region,
   Nanded.




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       (Judgment)                      (2)             W.P. No. 12122 of 2017



5. The Joint Director,
   Higher Education,
   Kolhapur Region,
   Kolhapur.

6. The Joint Director,
   Higher Education,
   Solapur Region,
   Solapur.

7. The Director,
   G.V.I.S.H.,
   Amravati Region,
   Amravati.

8. The Director,
   Institute of Science,
   Nagpur.

9. The Principal,
   Elphinstone College,
   Mumbai. 

10. The Principal,
    Government College of Arts
    and Science,
    Aurangabad.                                   .. Respondents. 

                                 ...........

      Ms. Neha Kamble, Advocate, holding for
      Mr. S.V. Adwant, Advocate, for the petitioner.

      Mr. S.G. Karlekar, Asst. Government Pleader, for
      respondent nos.01 to 08. 

                                 ...........

                    CORAM : R.M. BORDE &
                            SMT. VIBHA KANKANWADI, JJ.

DATE : 06TH OCTOBER 2017

ORAL JUDGMENT [Per R.M. Borde, J.]:

01. Learned Counsel appearing for the petitioner states that the respondent nos.09 and 10 are formal

(Judgment) (3) W.P. No. 12122 of 2017

parties and their presence is not necessary for disposing of the instant petition.

02. Rule. Rule made returnable forthwith. By consent, heard finally.

03. The facts giving rise to the instant petition are identical to the facts in the decided matters i.e. Writ Petition No. 10431 of 2012 decided on 15th July, 2014; Writ Petition No. 00440 of 2015, decided on 10th April, 2015; Writ Petition No. 6043 of 2016 with Writ Petition No. 8683 of 2016, decided on 17th April 2017 and several other matters raising an identical issue.

04. For the reasons recorded while disposing of aforesaid Writ Petitions, instant petition also deserves to be disposed of in the same terms.

05. Hence, the writ petition is allowed.

(a) The members of the petitioner association who have completed their Ph.D. Degree prior to 01.01.1996 shall be given benefit of two increments of Rs.420/-. The respondents shall make payment of the said benefit of two increments of Rs.420/- with effect from 01.01.1996 to the members of the petitioner - Association, with all consequential benefits, expeditiously.

(Judgment) (4) W.P. No. 12122 of 2017

(b) Rule made absolute in the above terms. There shall be no order as to costs.

     ( Smt. Vibha Kankanwadi )         ( R.M. Borde )
                  JUDGE                        JUDGE

                                  ...........


puranik / WP12122.17