Dr. Vilas S/O Annaji Deshmukh vs The State Of Mah. Through It ...
2021 Latest Caselaw 16031 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

                          WRIT PETITION NO. 4389 OF 2019


        Dr. Vilas s/o Annaji Deshmukh
        Aged about 61 Years, Occu - Service;
        Resident at - 9, Yeshwant Apartment,
        Laxminagar, Nagpur Road, Wardha,
        Tahsil and District Wardha.          ...                      PETITIONER



                         VERSUS


1.      The State of Maharashtra,
        through its Principal Secretary, Higher
        and Technical Education Department,
        Mantralaya, Mumbai - 440 032.

2.      The Director of Higher & Technical
        Education, Pune.

3.      The Joint Director of Higher Education
        Nagpur Division, Nagpur.

4.      Rashtrasant Tukdoji Maharaj Nagpur
        University, Nagpur, through its Registrar.

5.      Yeshwant Gramin Shikshan Sanstha,
        Wardha, through its Secretary, having its
        Address at Mahadevpura, Nagpur Road,
        Wardha, Tahsil and District Wardha.




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6.         Yeshwant Mahavidyalaya, Wardha
           through its Vice Principal, having its
           address at MIDC Wardha, Tahsil and
           District Wardha.                       ...                RESPONDENTS


Mr. Firdos Mirza, Advocate for Petitioner.
Mr. N. R. Patil, AGP for Respondent Nos.1 to 3.
Ms. I. P. Khisti, Advocate for Respondent No.4.
None for the Respondent Nos.5 and 6.


                                         CORAM   : SUNIL B. SHUKRE &
                                                   ANIL L. PANSARE, JJ.

                                         DATE    : NOVEMBER 18, 2021.


ORAL JUDGMENT [PER SUNIL B. SHUKRE, J.]


.                  Heard Mr. Firdos Mirza, the learned Counsel for Petitioner.

Mr. N. R. Patil, the learned AGP for Respondent Nos.1 to 3 and Ms. I. P.

Khisti, the learned Counsel for Respondent No.4. None appears for the

Respondent Nos.5 and 6, though served.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned Counsel for the respective parties.

3. Perused the reply of the Respondent Nos. 1 to 3 dated

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10/11/2021 and the order dated 29th October, 2021. It is seen that by

the order dated 29th October, 2021, age of retirement of the Petitioner

as a Principal has been extended from 62 years to 65 years. Such

extension serves the main purpose of the Petition. However, incidental

to the same, it is necessary that even the salary payable to the

Petitioner for the period for which he has worked as a Principal,

following the order passed by this Court on 26 th June, 2019 would also

have to be released.

4. Accordingly, we direct that the salary payable to the

Petitioner for the period for which he has worked as a Principal

following the order passed by this Court on 26th June, 2019 be paid to

him without any further delay, preferably within three months from the

date of the order.

5. We also direct that regular salary shall continue to be paid

to the Petitioner as per rules, till his attainment of the age of

superannuation.

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6.              Rule in above terms. No costs.



       (ANIL L. PANSARE J.)                  (SUNIL B. SHUKRE, J.)

Yadav VG