Yadav S/O Vinayakrao Deshmukh vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 2839 Bom

       917.WP3684.21(J)                                                                              1/4


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR.

                                WRIT PETITION NO. 3684/2021

          Yadav s/o Vinayakrao Deshmukh,
          Aged 57 years, Occupation Service,
          R/o. Shikshak Colony, Pinjar,
          Tahsil Barshitakli, District Akola.                         ....... PETITIONER

                                            ...V E R S U S...
1]        The State of Maharashtra through
          The Chief Secretary, Finance Department,
          Mantralaya, Mumbai.
2]        The State of Maharashtra through
          The Principal Secretary, Higher and Technical Education,
          Mantralaya, Mumbai.
3]        The Director of Higher and Technical Education
          Department, Pune.
4]        The Joint Director,
          Higher and Technical Education Department,
          Amravati.

5]        Senior Auditor,
          Joint Director Office,
          Higher and Technical Education,
          Amravati.
                                                                     ....... RESPONDENTS
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Shri R.D.Karode, Advocate for petitioner.
Shri A.M.Deshpande, Additional Government Pleader for respondents.
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                CORAM : A.S.CHANDURKAR and SMT. M.S.JAWALKAR, JJ.
                DATE  : 23rd MARCH, 2022.

ORAL JUDGMENT (Per A.S.CHANDURKAR, J.)

1]                  Rule. Rule made returnable forthwith and heard learned

counsel for the parties.
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2]            In this writ petition the petitioner who is a non-teaching

employee at an affiliated non-agricultural University seeks benefit of

Government Resolutions dated 01.04.2010 and 05.07.2010 in the matter

of grant of benefit under the Assured Career Progression Scheme. Since

such benefit is sought to be withdrawn pursuant to Government

Resolutions dated 07.12.2018 and 16.02.2019, the same are also

challenged in this writ petition.


3]            The learned counsel for the petitioner submits that the

validity of Government Resolutions dated 07.12.2018 and 16.02.2019 was

the subject matter of challenge in Writ Petition No. 5363 of 2021 (Meghraj

S/o. Annasaheb Pandit & Ors. .v/s. The State of Maharashtra, through the

Chief Secretary, Mantralaya, Mumbai & Ors.) decided on 20.01.2022 by

Aurangabad Bench of this Court. Therein it was held that the aforesaid

Government Resolutions would apply from the date they were issued. It is

thus submitted that in the light of the aforesaid judgment, wherein it is

held that the said Government Resolutions are prospective in operation,

the petitioners would be entitled to similar relief. Attention is also invited

to the judgment in Writ Petition No.         2894 of 2021 (Dnyaneshwar

Mahadeo Baraskar and Ors. .v/s. The State of Maharashtra, Mumbai and
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Ors.) decided on 10.02.2022 by the Nagpur Bench.


4]           The learned Additional Government Pleader for the

respondents relied upon the reply as filed. He however does not dispute

the fact that adjudication with regard to the applicability of Government

Resolutions dated 07.12.2018 and 16.02.2019 has already been done.


5]           We have perused the aforesaid judgments relied upon by the

learned counsel for the petitioners. In para 22, of the judgment in Writ

Petition No. 5363 of 2021 at Aurangabad Bench, it has been observed

thus:

        "22. In the light of that, though we uphold the impugned
        Government Resolutions revoking the earlier Government
        Resolutions dated 28.12.2010 and 15.02.2011, we hold that
        the said impugned Government Resolutions would apply from
        the date of issuance of the Government Resolutions and not
        prior to it. We would read down the impugned Government
        Resolutions in a manner that they would apply from the date
        they are issued viz. from 07.12.2018 and 16.02.2019
        respectively and would not apply to those who have already
        been accorded the benefits as per the Government Resolutions
        dated 28.12.2010 and 15.02.2011."


6]           In Writ Petition No. 2894 of 2021 the Division Bench at

Nagpur has relied upon aforesaid decision and has further directed the

respondents to consider implementation of pay revision in accordance
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               with the recommendations of the 7th Pay Commission.


               7]                     We find that in view of the aforesaid adjudication the

               petitioner would be entitled to similar reliefs.

                                      Accordingly, for the reasons recorded in Writ Petition No.

               5363 of 2021 the following order is passed:

                                                        ORDER

i] It is held that Government Resolutions dated

07.12.2018 and 16.02.2019 would apply from the date the same

have been issued.

ii] The respondent Nos. 3, 4 and 5 shall consider the

entitlement of the petitioner for grant of benefit of pay revision

as per the recommendations of the 7th Pay Commission as well

as under the Assured Career Progression Scheme.

The writ petition disposed of in the aforesaid

terms. Rule accordingly. No costs.

(SMT. M.S.JAWALKAR, J.) (A.S.CHANDURKAR, J.)

Andurkar..

Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:

24.03.2022 18:29