Bombay High Court
Anand Shridhar Tingre vs State Of Mah. Thr. Sec. Dept. Of ... on 9 December, 2021
Bench: V. G. Joshi
wp 1121.2021+ 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1121/2021
(Dr. Arvind R. Tupe vs. State and anr. )
WITH
WRIT PETITION NO. 1888/2020
(Beena M. Nair & ors. vs. Dr. Panjabrao Deshmukh Krishi Vidyapeeth & ors.)
WITH
WRIT PETITION NO. 2430/2020
(Sanjay S. Balpande & ors. vs. Dr. Panjabrao Deshmukh Krishi Vidyapeeth & ors.)
WITH
WRIT PETITION NO. 2431/2020
(Rajeshwar T. Katole vs. Dr. Panjabrao Deshmukh Krishi Vidyapeeth & ors.)
WITH
WRIT PETITION NO. 223/2021
(Neha K. Chopde vs. State & anr.)
WITH
WRIT PETITION NO. 2790/2020
(Pushkar P. Wankhade vs. State and anr.)
WITH
WRIT PETITION NO. 4170/2020
(Umesh R. Chinchmalatpure vs. State & anr.)
WITH
WRIT PETITION NO. 4174/2020
(Pradeep W. Deshmukh vs. State & anr.)
WITH
WRIT PETITION NO. 4167/2020
(Anand S. Tingre vs. State & anr.)
WITH
WRIT PETITION NO. 4085/2020
(Satish K. Thakare vs. State & anr.)
WITH
WRIT PETITION NO. 3720/2020
(Mangesh P. Moharil vs. State)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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S/Shri S. Khedkar, U.S. Dastane, S.S. Sanyal, Advocates for the petitioners in
respective petitions
Shri M.U. Dastane, Advocate for intervenor
Shri M.J. Khan, AGP for the respondent/State in all petitions
S/Shri A. Sudame, A. Sambre, R.V. Shiralkar, M.M. Sudame, Advocates for the
respective respondents in respective petitions
ANSARI
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CORAM : DIPANKAR DATTA, C.J. &
VINAY JOSHI, J.
DATE : DECEMBER 09, 2021
P.C.:-
1] We propose to decide these 11 (eleven) writ petitions
by this common order, in view of the similarity of facts and
circumstances that have given rise to the same as well as the
identical nature of relief claimed by each of the petitioners.
2] The petitioner in Writ Petition No. 1121/2021 was
selected and appointed on promotion as Assistant Professor,
Agro-Metrology by Dr. Panjabrao Deshmukh Krishi Vidhyapeeth
(hereafter "the University" for short). By an order dated July 09,
2020, the University reverted the petitioner to the post of
Assistant Professor, Agro-Metrology, which he was holding prior
to his promotion as noted above. The order of reversion dated
July 09, 2020 is the subject matter of challenge in the writ
petition. However, no interim order, as yet, has been passed.
3] Writ Petition No. 1888/2020 is at the instance of four
petitioners. All the petitioners were selected and appointed on
promotion as Associate Professors by the University; however,
the disciplines to which these petitioners belong are different.
While the petitioners 1 and 2 were appointed on promotion as
Associate Professors in Agricultural Botany and Horticulture,
respectively, the petitioners 3 and 4 were similarly appointed on
promotion as Associate Professors, Agricultural Entomology. By
order dated July 07, 2020 of the University, all the petitioners
were reverted as Assistant Professors in their respective
disciplines. While hearing Writ Petition No. 1888/2020 on
August 28, 2020, a co-ordinate Bench of this Court directed
status-quo to be maintained until further orders. As on that date,
the petitioner-s 1 to 3 were continuing as Associate Professors.
ANSARI
By virtue of the order of status-quo, they have been continuing as
such till date. However, the petitioner no. 4 had, on reversion,
joined as Assistant Professor on August 07, 2020, i.e., before the
interim order was passed. He is, therefore, discharging duty, as
on date, as Assistant Professor, Agricultural Entomology.
4] Writ Petition No. 2430/2020 is at the instance of three
petitioners. All these petitioners were selected and appointed on
promotion as Associate Professors, Soil Science and Agricultural
Chemistry by the University. However, by separate orders dated
July 09, 2020 of the University, they have been reverted and
directed to join as Assistant Professors, Soil Science and
Agricultural Chemistry. By an order dated October 05, 2020, a co-
ordinate Bench of this Court stayed the reversion of the
petitioners but directed that the process of fresh selection, which
had commenced by then, may proceed but the process should
not be finalized until further orders. In view of such interim
order, the petitioners have continued on the post of Associate
Professors, Soil Science and Agricultural Chemistry.
5] Writ Petition No. 2431/2020 is at the instance of a
single petitioner. The facts of Writ Petition No. 2431/2020 are
similar to the facts in Writ Petition No. 2430/2020, except the
that the discipline is different. Here, the petitioner was
appointed as Associate Professor, Extension Education. By the
interim order dated October 05, 2020 of this Court, the order of
reversion has been stayed and it was directed that though the
process for promotion to the post of Associate Professor may
continue, the same shall not be finalized until further orders. The
result of the said interim order has been that the petitioner is
still continuing as Associate Professor, Extension Education.
ANSARI
6] Writ Petition No. 223/2021 and Writ Petition No.
2790/2020 are at the instance of single petitioners. While the
petitioner in Writ Petition No. 223/2021 was appointed on
promotion as Associate Professor, Horticulture, the petitioner in
Writ Petition No. 2790/2020 was similarly appointed on
promotion but in the discipline of Extension Education. In the
writ petitions, interim orders in terms of prayer clauses (ii) were
granted by co-ordinate Benches of this Court by order dated July
20, 2020. Common prayer clause (ii) in these writ petitions is to
the effect that the order of reversion may not be given effect to
and that the respective petitioners be restored as Associate
Professors in Horticulture and Extension Education. As a result
thereof, these petitioners are continuing as Associate Professors
in their respective discipline.
7] Writ Petition Nos. 4170/2020, 4174/2020,
4167/2020, 4085/2020 and 3720/2020 are also at the instance
of single petitioners. The claim of these petitioners is not too
different from the other petitioners except that the disciplines
differ and the dates on which interim relief was granted in their
favour are different from the dates on which interim relief were
granted to the petitioners whose cases have been referred to
hereinabove. The disciplines involved in these five writ petitions
are Extension Education, Soil Science and Agricultural
Chemistry, Agricultural Economics, Farm Power and Machinery,
and Bio-technology. On August 06, 2020, a co-ordinate Bench of
this Court granted interim relief, as a result whereof the orders
of reversion of these five petitioners were stayed and they have
been continuing to discharge duties as Associate Professors.
8] We have heard learned advocates appearing for the
respective parties.
ANSARI
9] Minutes before, we have disposed of Writ Petition No.
2412/2020 by a detailed judgment and order. The parties do not
dispute that the facts giving rise to Writ Petition No. 2412/2020
and these 11 (eleven) writ petitions are almost identical. The
difference is only in respect of the disciplines and the dates of the
orders of reversion. Thus, the reasoning based whereon we have
held Writ Petition No. 2412/2020 to be maintainable, and the
reasons for granting relief to the petitioner in such writ petition
and the directions therein would apply to these 11 (eleven) writ
petitions mutatis mutandis.
10] Accordingly, while holding these writ petitions to be
maintainable, we direct grant of relief to all the petitioners on
similar terms as granted to the petitioner in Writ Petition No.
2412/2020, except the petitioner in Writ Petition No.
1121/2021 and the petitioner no. 4 in Writ Petition No.
1888/2020. The reason why we are required to pass separate
orders for these two petitioners is that the orders of reversion
qua them, passed by the University, had taken effect prior to
grant of interim relief in their favour and, therefore, certain
additional directions are required to be issued. We direct that
these two petitioners, i.e., Dr. Arvind Tupe and Dr. Pravin Rathod
shall be reinstated as Associate Professors, Agro-Metrology and
Agricultural Entomology, respectively. This exercise shall be
completed immediately, but not later than 7 (seven) days from
the date of receipt of a copy of this order. It is also directed that
during the time these two petitioners discharged duty as
Assistant Professors, shall be reckoned for all purposes as
discharge of duty by them as Associate Professors and that, inter
alia, they shall be entitled to the difference of pay together with
continuity in service as Associate Professors. The financial
benefits which these two petitioners are entitled to in terms of
this order, would be released in their favour as early as possible,
ANSARI
but not later than a month from the date of resumption of duty
by them as Associate Professors.
11] Accordingly, all these writ petitions stand allowed.
There shall be no order as to costs.
12] Pending application(s), if any, stand(s) disposed of.
(VINAY JOSHI, J.) (CHIEF JUSTICE)
ANSARI
