Bhushan Keshav Wakankar And Ors vs The State Of Maharashtra Thr Its ...
2022 Latest Caselaw 8329 Bom

                             66.WPNo.63102022 & Connected.doc

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

             CIVIL APPELLATE JURISDICTION

             WRIT PETITION NO.6310 OF 2022

Sajid Khutbuddin Tamboli & Anr. ...     Petitioners
      Versus
The State of Maharashtra & Anr. ...     Respondents

                         WITH
             WRIT PETITION NO.6311 OF 2022

Sanjay s/o. Arvind Jadhav & Ors.      ...      Petitioners
     Versus
The State of Maharashtra & Anr.       ...      Respondents

                         WITH
             WRIT PETITION NO.6332 OF 2022

Santosh Dhondiram Kushalvardhan & Ors.... Petitioners
     Versus
The State of Maharashtra & Anr.    ...    Respondents

                         WITH
             WRIT PETITION NO.6327 OF 2022

Shankar s/o. Dharm raj Kolekar & Ors. ...      Petitioners
     Versus
The State of Maharashtra & Anr.       ...      Respondents

                         WITH
             WRIT PETITION NO.6326 OF 2022

Hanmant s/o. Genba Khapale & Ors.     ...      Petitioners
     Versus
The State of Maharashtra & Anr.       ...      Respondents

                         WITH
             WRIT PETITION NO.6433 OF 2022

Bhushan s/o. Keshav Wakankar & Ors. ...        Petitioners
     Versus
The State of Maharashtra & Anr.     ...        Respondents


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                                66.WPNo.63102022 & Connected.doc

Mr. Omgashad B. Boinwad, Advocate for the Petitioners in
WP/6310/2022.

Mrs. M. P. Thakur, AGP for the Respondents/State.

Mr. S. R. Barlinge, Advocate for the Petitioners in
WP/6311/2022,      WP/6326/2022,    WP/6327/2022,
WP/6332/2022 and WP/6333/2022.


                       CORAM:      S.V. GANGAPURWALA &
                                   MADHAV J. JAMDAR, JJ.

                       DATED :     AUGUST 24, 2022

P.C.

1. We have heard learned Counsel for the petitioners and learned AGP for the respondents/State.

2. The petitioners are similarly situated petitioners as the petitioners in Writ Petition No. 12181 of 2019 decided on 7th October 2019, Writ Petition No. 12290 of 2018 decided on 21st January 2019, Writ petition No. 243 of 2007 decided on July 4, 2014 and many such petitions.

3. The learned AGP submits that the petitioners are the employees of the private institution and not of the University and as such not entitled for the benefts of Government Resolution dated 27th February 2006. Upon going through the judgment in Writ Petition No. 243 of 2007 dated July 4, 2014, it would transpire that the present petitioners are similarly situated petitioners as the petitioners in Writ Petition No. 243 of 2007.

4. In the said writ petition bearing No.243 of 2007 dated 4th July 2014, the State had fled Review Petition bearing No. 119 of 2016 and the same was dismissed on 19th April 2017.

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66.WPNo.63102022 & Connected.doc

The said judgment was assailed before the Apex Court. The Apex Court has confrmed the said judgment.

5. In the light of above and for the reasons recorded in order dated 4th July 2014 in Writ Petition No. 243 of 2007 alongwith Review Petition No. 119 of 2016 decided on 19 th April 2017, present petition is allowed.

6. Petitioners would be entitled to the benefts of pay scale as per Government Resolution dated 27 th February 2006. Arrears shall be paid within six months.

7. The writ petitions are disposed of. No costs.

                        (MADHAV J. JAMDAR, J.)            (S.V. GANGAPURWALA, J.)

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2022.08.26
           10:20:35
           +0530




                        Gaikwad RD                                                         3/3