Pushpa D/O Sadashivrao Narlawar vs State Of Maharashtra, Thr. Deputy ...
2021 Latest Caselaw 11265 Bom

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

                        CIVIL WRIT PETITION NO.1300 OF 2021
    Dr. Pushpa D/o. Sadashivrao Narlawar Vs. The State of Maharashtra through Deputy
         Secretary Department of Medical Education and Drugs, Mumbai and others
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions              Court's or Judge's orders.
and Registrar's Orders.
                            Mr.I. G. Meshram, Advocate for petitioner
                            Ms. N.P. Mehta, AGP for the respondent Nos.1 to 3/State


                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

                            DATE          : 18th AUGUST, 2021.


                            1.            Heard.

2. This petition makes the following prayers:

"i) Allow this writ petition and by way of writ direction, order direct respondent no. 1 to 3 and 5 to released the benefits of revised pay scale implemented as per the Government Resolution dated 08.09.2011 (Annexure X) from the date of entitlement,

ii) Direct the respondent nos.1 to 3 and 5 to release the arrears of the difference of benefits of AGP Rs. 7000 and of AGP 6000 along with the rate of interest 12% per annum,

iii) Direct the respondent no.1 to 3 and 5 to release the non compounded increments for acquiring higher qualification i.e. Master of Philosophy and Doctor of Philosophy as per the scheme from the date of entitlement,"

3. Ms. Mehta, learned Assistant Government Pleader invites our attention to the judgment of this Court in the Writ Petition No.2448 of 2015, wherein this petitioner was petitioner No.7 and submits that this

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petition is not maintainable, as the same prayers were dealt with by this Court earlier and decided appropriately by the judgment dated 14.03.2016.

4. On going through paragraph 2 of the said judgment, we are of the view that there is force in the argument of learned AGP. The observations in paragraph 2 of the said judgment are reproduced for the sake of convenience as below:

" 2. The fact that the petitioners have become eligible for grant of Academic Grade Pay (AGP) is not in dispute. The relevant Government Resolution dated 08.09.2011 is on the subject of Revision of pay scales as per recommendations of Sixth Pay Commission. The said benefit has been given to the petitioners. As per clause 3(a)(i), AGP of Rs.6,000/- is sanctioned to them. However, those Assistant Professors, who have completed four years and possess M.D./ M.S./ Ph. D. degree in the relevant discipline are eligible for moving up to AGP of Rs.7,000/-. This benefit of AGP of Rs.7,000/- has not been extended to the petitioners."

5. These observations take care of the prayers made in this petition and therefore, this petition is not maintainable.

6. The petition is, therefore, dismissed as not maintainable. No costs.

                                            JUDGE                                JUDGE
nd.thawre