Bombay High Court
Appasaheb Gangaram Mankapure vs Jaysingpur College And Ors on 9 December, 2021
Bench: R.D. Dhanuka, R. N. Laddha
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9214 OF 2015
Appasaheb G. Mankapure (Since deceased)
through L.Rs. - Vaishali Mankapure & Ors. ....Petitioners
V/s.
Mr.Jaysingpur College, Jaysingpur of Arts,
Commerce, Science & Computer Science & Ors. ...Respondents
WITH
WRIT PETITION NO.8770 OF 2021
Sindhu B. Bhagawat & Ors. ....Petitioners
V/s.
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.5134 OF 2017
Prabhavati S. Kamble & Ors. ....Petitioners
V/s.
Arts, Commerce & Science College, Falus
through Principal & Ors. ...Respondents
WITH
WRIT PETITION NO.2411 OF 2020
Ashok D. Janave ....Petitioner
V/s.
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.2419 OF 2020
Vimal S. Mali & Ors. ....Petitioners
V/s.
1/5
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The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.9167 OF 2015
Surekha S. Desawale ....Petitioner
V/s.
Jaysingpur College & Ors. ...Respondents
WITH
WRIT PETITION NO.11792 OF 2018
Suhas A. Gaikwad & Anr. ....Petitioners
V/s.
The State of Maharashtra, Through Secretary,
Higher & Technical Education & Ors. ...Respondents
WITH
WRIT PETITION NO.910 OF 2020
Sandhya K. Kokare & Ors. ....Petitioners
V/s.
The State of Maharashtra,
Through Principal Secretary & Ors. ...Respondents
Mr.C.G. Gavnekar with Mr.Ashutosh Gavnekar for the Applicants /
Petitioner in all the above Writ Petitions.
Mr.Vikas M. Mali, AGP for the State - Respondent in Writ Petition
Nos.9214 of 2015 and 8770 of 2021.
Ms.Sushma S. Bhende, AGP for the State - Respondent in Writ
Petition Nos.5134 of 2017 and 2411 of 2020.
Mrs.P.J. Gavhane, AGP for the State - Respondent in Writ Petition
Nos.2419 of 2020 and 9167 of 2015.
Mr.N.C. Walimbe, AGP for the State - Respondent in Writ Petition
Nos.11792 2018.
Mr.N.K. Rajpurohit, AGP for the State - Respondent in Writ Petition
No.910 of 2020.
2/5
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CORAM : R.D. DHANUKA &
R.N. LADDHA, JJ.
DATE : 9TH DECEMBER, 2021.
P.C. :-
1. Learned AGP in the above writ petitions waive service for
the State - respective respondents. Issue notice upon the respondent
no.1 in Writ Petition No.9214 of 2015 for final disposal, returnable on
10th January, 2022. Hamdast is permitted. It shall be made clear in
the notice that if the concerned respondent in each of the writ
petitions remains absent on the next date, the petitions would be
heard finally in their absence.
2. Issue notice upon the respondent nos.6 and 7 in Writ
Petition No.8770 of 2021 for final disposal, returnable on 10 th
January, 2022. Hamdast is permitted. The respondent no.8 is
permitted to be deleted.
3. Issue notice upon the respondent nos.1 and 2 in Writ
Petition No.5134 of 2017 for final disposal, returnable on 10 th
January, 2022. Hamdast is permitted.
4. Issue notice upon the respondent nos.6 and 7 in Writ
Petition No.2411 of 2020 for final disposal, returnable on 10 th
January, 2022. Hamdast is permitted. The respondent no.8 is
permitted to be deleted.
5. Issue notice upon the respondent nos.6 and 7 in Writ
Petition No.2419 of 2020 for final disposal, returnable on 10 th
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January, 2022. Hamdast is permitted. The respondent no.8 is
permitted to be deleted.
6. Issue notice upon the respondent no.1 in Writ Petition
No.9167 of 2015 for final disposal, returnable on 10 th January, 2022.
Hamdast is permitted.
7. Issue notice upon the respondent nos.6 and 7 in Writ
Petition No.11792 of 2018 for final disposal, returnable on 10 th
January, 2022. Hamdast is permitted. The respondent no.8 is
permitted to be deleted.
8. Issue notice upon the respondent nos.6 and 7 in Writ
Petition No.910 of 2020 for final disposal, returnable on 10 th January,
2022. Hamdast is permitted. The respondent no.8 is permitted to be
deleted.
9. Mr,Gavnekar, learned counsel for the petitioners in the
above writ petitions invited our attention to the order dated 6 th
December, 2021 passed by this Court in case of Bhaskarrao
Ramdas Kadam vs. Chatrapati Shivaji College, Satara & Ors. in
Writ Petition No.4374 of 2018 and would submit that this Court after
adverting to the Government Resolution dated 29 th October, 2021
held that the petitioner was not required to clear the NET / SET tests
for the period mentioned therein and would be eligible for payment of
pension. He submits that the said order would apply to the facts of
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these cases.
10. It is submitted that the Management be directed to submit
the proposal for payment of pension to the respondent nos.2 to 6 for
consideration and payment. In our prima-facie view, the issue
involved in these writ petitions is no longer res-integra in view of the
judgment dated 6th December, 2021 passed by this Court in case of
Bhaskarrao Ramdas Kadam vs. Chatrapati Shivaji College,
Satara & Ors. However since some of the respondents are not
present in Court today, we are unable to dispose of these writ
petitions at this stage.
10. Place these writ petitions high on board on 10 th January,
2022.
(R.N. LADDHA, J.) (R.D. DHANUKA, J.)
Digitally signed by
VASANT VASANT
ANANDRAO ANANDRAO IDHOL
Date: 2021.12.10
IDHOL 10:24:19 +0530
