Ku. Madhuri Marotrao Pal And ... vs All India Council For Technical ...
2021 Latest Caselaw 14624 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.
                     WRIT PETITION NO. 1931 OF 2019
  1. Ku. Madhuri Marotrao Pal
  Aged 38 years, Occ.: Nil.
  2. Ku. Pranjali Bhojraj Ulhe
  Aged 35 years, Occ.: Nil
  Both the petitioners are R/o.
  C/o. Ku. Madhuri Marotrao Pal,
  R/o. Near Murarka Layout,
  Wardha.                                            .... PETITIONERS

                                 // VERSUS //

  1. All India Council for Technical
  Education, Nelson Mandela Marg,
  Vasant Kunj, New Delhi - 70
  Through its Director
  2. Joint Director of Technical
  Education, Nagpur Division, Nagpur.
  3. Rashtrasant Tukdoji Maharaj
  Nagpur University, Nagpur,
  Through its Registrar
  4. Bapurao Deshmukh Foundation
  Wardha, Through its Secretary,
  C/o. Suresh Deshmukh College of
  Engineering, Selukate, Wardha.
  5. Suresh Deshmukh College of
  Engineering, Selukate, Wardha,
  Through its Principal                                  .... RESPONDENTS

  Mr. P.N. Shende, Advocate for petitioners.
  Shri N.P. Lambat, Advocate for respondent No.1.
  Ms. Mayuri Deshmukh, AGP for respondent No.2/State.
  Shri Atul Joshi, Advocate h/f Shri Atul Pande, Advocate for respondent No.3.
  Shri S.K. Bhoyar, Advocate for respondent No.4 & 5.
  ________________________________________________________________
  s




                                 CORAM       : SUNIL B. SHUKRE, AND
                                               ANIL S. KILOR, JJ.

                                 DATE        : 6th OCTOBER, 2021.





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  ORAL JUDGMENT: [PER: S.B. Shukre, J.]

Rule. Rule made returnable forthwith. The matter is

heard finally by the consent of the learned counsel for the parties.

2. Shri Shende, learned counsel for the petitioners submit

that the issue involved in this petition which is about payment of

arrears of salary for pre-termination period is squarely covered by

the view taken by this Court in Writ Petition No.4449/2018 decided

on 11.12.2019.

3. Shri Lambat, learned counsel appearing for respondent

No.1, Ms. Deshmukh, learned AGP for respondent No.2, Shri Joshi,

learned counsel appearing for respondent No.3 and Shri Bhoyar,

learned counsel appearing for respondent No.4 & 5 agree that the

issue is squarely covered by the said judgment. However, Shri

Bhoyar, learned counsel for respondent Nos.4 & 5 prays for grant of

time for payment of arrears of salary to the petitioners.

4. In view of above, we direct the respondent Nos.4 & 5 to

pay all the arrears of salary to the petitioners for a period from

August 2016 to April 2018 as per 6 th Pay Commission

16.wp1931.2019..odt

recommendations, applicable to the petitioners, within a period of

three months from the date of the order.

Rule accordingly. No order as to costs.

                             JUDGE                                  JUDGE
Prity