Bombay High Court
Subhas Bhikaji Ludarkar And Others vs State Of Maharashtra, Thr. Secretary, ... on 7 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17053-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7984 OF 2022
1. Subhas Bhikaji Ludarkar,
Age : 61 Yrs., Occ.: Retired,
R/o. B-4, Z.P. Colony, Khadki BU,
Gandhinagar, Akola-444004
2. Shriram Eknath Singe,
Age : 64 Yrs., Occ.: Retired,
R/o. Engineer Colony, Mothi Umri,
Akola - 444005
3. Krushnarao Ramrao Deshmukh,
Age : 70 Yrs., Occ.: Retired,
R/o. Near Chhatrapati Shivaji Maharaj
Statute, Ravi Nagar, Kaulkhed, Ring
Road, Adgaon Bk., Akola 444001
4. Manikrao Bhonaji Mahatre,
Age : 65 Yrs., Occ.: Retired,
R/o. Malkapur Road, Sau Damini Vasahat,
Khadki BU, Gandhinagar, Akola 444004
5. Prakash Trimbak Devhade,
Age : 64 Yrs., Occ.: Retired,
R/o. Plot No. 146 B, Mantri Park,
Sai Mandir, Washim - 444505
6. Pandurang Babaji Ingole,
Age : 68 Yrs., Occ.: Retired,
R/o. Shivalaya, Datta Nagar,
Lakhala, Washim - 444505
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7. Vasant Vyankatrao Aramal,
Age : 65 Yrs., Occ.: Retired,
House No. 82, Kandhala Road,
Gajanan Nagar, Ward No. 18,
Chikhli, Buldhana - 443201
8. Manohar Parashramaji Ludarkar,
Age : 63 Yrs., Occ. : Retired,
R/o. Renuka Nagar, Borgaon,
Manju, Akola- 444102
9. Ramrao Balaji Jadhav,
Age : 70 Yrs., Occ.: Retired,
S/o. Balaji Jadhav, Opp Ram Mandir,
June Khetan Nagar, Chandur, Akola,
Gandhinagar - 444004
10. Subhash Marotrao Shinde,
Age : 63 Yrs., Occ.: Retired,
C/o. Marotrao Shinde, Sant Gajanan
Maharaj Ward Prabhag No. 8, New
Jio Tower Jawal, Umerkhed,
Yavatmal-445206
11. Bhimrao Irabhanji Ingle,
Age : 64 Yrs., Occ.: Retired,
R/o. Laxmi Nagar, Mothi Umri,
Umari Pra Akola- 444005
12. Prabhakar Pandurang Band,
Age: 62 Yrs., Occ.: Retired,
R/o. Laxmi Nagar, Mothi Umri,
Akola- 444005
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13. Madhukar Damodar Solanke,
Aged: 64 Yrs., Occ.: Retired,
R/o. Radhakrushna Nivas Pundalik
Nagar, Ward No. 16, Chikhli,
Buldhana-443201 Petitioners
-Versus-
1. State of Maharashtra,
Through its Secretary,
Department of Finance,
Mantralaya, Mumbai - 400032
2. State of Maharashtra,
Through its Secretary,
Department of Agriculture,
Mantralaya, Mumbai 400032
3. Dr. Panjabrao Deshmukh Krishi
Vidyapeeth, Akola, Through its
Registrar, Akola Respondents
AND
CIVIL WRIT PETITION NO. 8110 OF 2022
1. Dr. Shrikrishna Digamber Harne,
Age : 73 Yrs., Occ.: Retired,
R/o. Plot No. 71, Harne Bhavan,
Near Badminton Ground, H. B. Estate,
Sonegaon, Nagpur.
2. Dr. Ramdas Namdeorao Shirbhate,
Age : 69 Yrs., Occ.: Retired,
R/o. 60 Vithai, Nagbhumi Layout,
Chatrapati Nagar, Nagpur. Petitioners
-Versus-
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1. State of Maharashtra,
Through its Secretary,
Department of Finance,
Mantralaya, Mumbai - 400032
2. State of Maharashtra,
Through its Secretary,
Department of Agriculture,
Animal Husbandry, Dairy
Development and Fisheries Mantralaya,
Mumbai 400032
3. Maharashtra Animal and Fishery
Sciences University, Nagpur,
Through its Registrar. Respondents
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Mr. A.P. Kalmegh, Advocate for the petitioners in both
WP Nos.7984/2022 and 8110/2022.
Ms. Ritu Sharma, AGP for the respondent Nos.1 and 2 in
WP No.7984/2022.
Mr. U.J. Deshpande, Advocate for respondent No.3 in
WP No.7984/2022.
Ms. Prachi Joshi, AGP for respondent Nos.1 and 2 in
WP No.8110/2022.
Mr. A.R. Patil, Advocate for respondent No.3 in
WP No.8110/2022.
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CORAM : SMT. ANUJA PRABHUDESSAI &
MRS. VRUSHALI V.JOSHI, JJ.
DATE : 7th DECEMBER 2023
ORAL JUDGMENT (Per : SMT. ANUJA PRABHUDESSAI, J.)
Heard.
2. It is stated that the statement made on 1.12.2023 that
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several other petitions with identical issue are pending before the
Court was made due to inadvertence.
3. Rule. Rule made returnable forthwith. Both these
petitions are heard finally with the consent of the learned counsel
for the parties.
4. The petitioners are the retired employees of respondent
No.3- Krishi Vidyapeeth/University. They retired on 30 th June in
different years, on attaining the age of superannuation. As on the
date of their superannuation they were drawing salary and
increment as per the 6th Pay Commission. They were denied
increment which was due and payable on 01 st July since they were
no longer in service. The petitioners claimed that though the date
of increment fell due on the day following superannuation, the
employee who had completed one full year of service is entitled for
the notional increment for the purpose of pensionery benefit. The
petitioners have, therefore, sought directions against respondent
No. 3 - Krishi Vidyapeeth/University to grant notional increment,
which fell due on the day following superannuation and to fix the
pension accordingly.
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5. Learned counsel for the petitioner states that the facts of
these petitions are identical to the facts of the Writ Petition
No.5412 of 2021 which was decided on 05.05.2022 and Writ
Petition No.5864 of 2019, decided on 02.3.2022.
6. We have gone through the records. The issue involved
in these petitions is squarely covered by the decision of the Co-
ordinate Bench of this Court in the aforestated petitions. Learned
AGP does not dispute this fact.
7. Hence, we allow the writ petitions. We direct the
respondent No.3-Krishi Vidyapeeth/University to take all necessary
steps for granting notional annual increment to the petitioners
within a period of two months from the date of receipt of the copy
of this judgment. The petitioners shall be entitled for all the
consequential benefits accordingly.
8. Rule is made absolute in the above terms. No costs.
(VRUSHALI V. JOSHI, J) (ANUJA PRABHUDESSAI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 12/12/2023 16:38:19 Kavita.
