Bombay High Court
Subhash Dalpatrao Chawhan vs State Of Maha. Thr. Secretary, ... on 23 August, 2021
Bench: S.B. Shukre, Anil S. Kilor
Judgment 1 wp785.21+1.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 785 OF 2021
WITH
WRIT PETITION NO. 786 OF 2021
W.P.NO.785/2021.
Subhash Dalpatrao Chawhan
Age 59 years, Occ. : Service,
R/o.New Sangani Nagar, Near
Dnyaneshwar Temple, Amravati
Tq. & Dist. Amravati.
.... PETITIONER.
// VERSUS //
1. State of Maharashtra,
through its Secretary, Higher and
Technical Education Department,
Mantralaya, Extension Building
Mumbai.
2. Assistant Director of Higher
Education, Amravati Division,
Amravati, Office at V.M.V. Premises,
Amravati, Tq. And Dist. Amravati.
3. Degree College of Physical Education,
Through its Principal, Hanuman Vyayam
Nagar, Amravati, Tq. and Dist. Amravati
.... RESPONDENTS.
WITH
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Judgment 2 wp785.21+1.odt
W.P.NO.786/2021.
Deepak Vasantrao Phadnis,
Age 59 years, Occ. : Service,
R/o.24, "Abhang", Ganesh Vihar
No.2, Near Jagdale Layout Board,
Amravati, Tq. & Dist. Amravati.
.... PETITIONER.
// VERSUS //
1. State of Maharashtra,
through its Secretary, Higher and
Technical Education Department,
Mantralaya, Extension Building
Mumbai.
2. Assistant Director of Higher
Education, Amravati Division,
Amravati, Office at V.M.V. Premises,
Amravati, Tq. And Dist. Amravati.
3. Degree College of Physical Education,
Through its Principal, Hanuman Vyayam
Nagar, Amravati, Tq. and Dist. Amravati
.... RESPONDENTS.
______________________________________________________________
Shri Pravin S. Patil, Advocate for both Petitioners.
Ms N.P.Mehta, A.G.P. for Respondent Nos.1 and 2.
Shri A.M.Sudame, Advocate for Respondent No.3.
______________________________________________________________
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATED : AUGUST 23, 2021
ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)
Judgment 3 wp785.21+1.odt
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned counsel for the parties.
3. The pension cases of the petitioners who retired as Assistant
Professors are not being prepared and cleared by the respondents on
the ground that they did not clear NET/SET Examination. However, it
is the case of the petitioners, and there is no dispute about it, that they
were duly appointed by following procedure on a date which fell
within the period from 23/10/1992 to 03/04/2000 against clear
vacancies and therefore, the condition of NET/SET clearance is not
applicable to them. Such stand of the similarly situated
Lecturers/Professors has been upheld by Division Bench of this Court
on 03/10/2018, rendered in the case of Maruti Dattatraya
Patil..vs..State of Maharashtra, in W.P. No.13166 of 2017, which has
been confirmed by the Supreme Court. Therefore, we are of the view
that the petitioners are eligible to receive their pension and pensionary
benefits as per Rules.
4. In view of above, we pass the following order:
Judgment 4 wp785.21+1.odt
i) Both the petitions are allowed in terms of prayer clauses
(1), (2) and (3).
ii) The impugned orders are hereby quashed and set aside.
Rule is made absolute accordingly. No costs.
( ANIL S. KILOR, J ) ( SUNIL B. SHUKRE, J.)
RRaut..
