Dr. Rajesh Babarao Patil vs State Of Maharashtra
2021 Latest Caselaw 5745 Bom

                                                                                  47.wp.5435.21.odt



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                             WRIT PETITION NO.5435 OF 2021

                          DR. SURESH MANOHARRAO TELANG
                                       VERSUS
                               STATE OF MAHARASHTRA

                                         WITH
                             WRIT PETITION NO.5436 OF 2021

                         BHUPESH GOPALRAO NEMMANIWAR
                                     VERSUS
                       THE STATE OF MAHARASHTRA AND ANR.

                                         WITH
                             WRIT PETITION NO.5437 OF 2021

                                    DR. RAJESH BABARAO PATIL
                                             VERSUS
                                     STATE OF MAHARASHTRA

                                        WITH
                            WRIT PETITION NO.5438 OF 2021

                          RAMESH GANPATRAO CHILLAWAR
                                     VERSUS
                       THE STATE OF MAHARASHTRA AND ANR.

                                           ...
                   Advocate for Petitioner : Mr. Chapalgaonkar S.G.
                    AGP for Respondent/State: Mr. P.K. Lakhotiya
                                           ...

                                        CORAM    :   S. V. GANGAPURWALA AND
                                                     SHRIKANT D. KULKARNI, JJ.

                                        DATE     :   30/03/2021
PER COURT :

1. The petitioners in all these Writ Petitions seek benefit of clause 7 (i) of the GR dated 12.08.2009 to the petitioners of five non compounded advance increments on the ground that the petitioners as well possessed

47.wp.5435.21.odt

PHD qualification at the entry level as Assistant Professor. The petitioners are already given benefit of three non compounded advance increments. They are claiming benefit of remaining two advance increments.

2. Mr. Chapalgaonkar the learned advocate for the petitioners submits that the case of the petitioners is covered under the judgment dated 11.02.2019 in W.P.No. 1273 of 2018.

3. Mrs. M.A. Deshpande learned Additional Government Pleader after going through the said judgment in Writ Petition No. 1273 of 2018 accedes that the petitioners are similarly situated.

4. In the said judgment dated 11.02.2019 in W.P.No. 1273 of 2018 to which one of us (S.V. Gangapurwala, J.) was party observed that the persons possessing PHD qualification at the time of entry level as Assistant Professor would be entitled for five non compounded advance increments as per clause 7(i) of the Government Resolution dated 15/07/2010.

5. In the light of above the petitioners shall be given benefit of five non-compounded advance increments. The earlier benefit of advance increments given shall be adjusted.

6. Writ Petitions are accordingly disposed of. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S. V. GANGAPURWALA, J.)

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