Bombay High Court
Shivaji Vidyapeeth Sevak Sangh ... vs The State Of Maharashtra Through ... on 31 January, 2023
Bench: R. N. Laddha
792.19-wp+.docx
BASAVRAJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GURAPPA CIVIL APPELLATE JURISDICTION
PATIL
Digitally signed by WRIT PETITION NO. 792 OF 2019
BASAVRAJ GURAPPA
PATIL WITH
Date: 2023.02.01
14:39:25 +0530 INTERIM APPLICATION (ST) NO.22201 OF 2022
IN
WRIT PETITION NO. 792 OF 2019
Shivaji Vidyapeeth Sevak Sangh
C/o. Shivaji University,
Kolhapur
Through its General Secretary ..... Petitioner
Versus
1 The State of Maharashtra
Through its Principal Secretary,
Mantralaya, Mumbai - 400032
2 The Secretary,
Higher and Technical Education
Department, State of
Maharashtra, Mantralaya,
Mumbai - 400032
3 The Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai - 400032
4 The Director of Higher Education,
Central Building, Maharashtra
State, Pune - 1
5 The Joint Director of Higher
Education, Rajaram College
Campus, Kolhapur Region,
Kolhapur
6 Shivaji University,
Vidhyanagar, Kolhapur,
Through the Registrar ..... Respondents
Basavraj 1/170
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2.WRIT PETITION NO. 793 OF 2019
1 Yashwant Krishnaji Kulkarni
2 Ramdas Avinash Nanaware
3 Ashok Shankarrao Ranawade
4 Santosh Devram Madane
5 Shivaji Balu Uttekar
6 Ramesh Damodar Mukhekar
7 Vinod Arun Waghmare
8 Dattatraya Namdeo Ranawade
9 Abhay Mohan Shrikhande
10 Santosh Govind Kulkarni
11 Ratna Rajendra Tembre
12 Surekha Ramchandra Jadhav
13 Vandana Tukaram Waghmare
14 Sanjay Govind More
15 Hanumant Bhikoba Khandave
16 Sanjay Dagdu Pardhi
17 Ajit Shankar Kurane
18 Suresh Habaji Saykar
19 Avinash Baburao Nirmal
20 Ravindra Arvind Shete
21 Sanjay Rajaram Jamble
Basavraj 2/170
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22 Tukaram Kashinath Bhawari
23 Laxman Subhash Lolage
24 Shubhangi Avinash Unavane
25 Vilas Nathuram Antre
26 Ganesh Dattatraya Karkar
27 Sanjay Ganpat Bhosale
28 Pratibha Savkar Thorve
29 Sangita Eknath Sanghpal
30 Jyoti Shanbhu Gaikwad
31 Pallavi Gajanan Sargar
32 Balasaheb Vishnu Kamthe
33 Savita Deepak Bagewade
34 Kirti Sandeep Dharmadhikari
35 Rupali Ananda Waghule
36 Vaishanvi Mahadeo Nawathe
37 Vilas Murlidhar Salave
38 Medha Ramkrishna Patil
39 Sangita Sameer Nerlekar
40 Nancy Samson Gadkar
41 Varsha Sanjay Sambhu
42 Nisha Mohan Dixit
43 Shilpa Nitin Pusalkar
Basavraj 3/170
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44 Surekha Vijaykumar Damse
45 Surekha Popat Gengaje
46 Jyoti Santosh Jadhav
47 Vrushali Tushar Sakhalkar
48 Vijaya Balkrishna Acharya
49 Sarita Jaywant Waghmare
50 Ankita Mandar Vaste
51 Rajashri Mahendra Pawar
52 Deepak Bapu Nikalje
53 Basaraj Gurusidappa Hundekar
54 Margart Jerald D'souza
55 Supriya Sunil Barne
56 Rekha Ramesh Hole
57 Bharat Bhima Yede
58 Bharat Shankar Gaikwad
59 Meena Ankush Zurunge
60 Sayyed Maksud Solapure
61 Madhuri Digambar Dongre
62 Chhaya Suresh Pawar
63 Sangeeta Ramchandra Janjale
64 Jayashree Nageshwar Shinde
65 Namrata Dattatraya Barne
Basavraj 4/170
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66 Asawari Prashant Medhekar
67 Mahadeo Sahmrao Shinde
68 Shailesh Bhaskar Vaidya
69 Shashank Tukaram Waghmare
70 Prafulla Pandurang Khedkar
71 Meghna Vilasrao Mate
72 Mandar Ra Ghunath Chaphekar
73 Ravindra Shivram Shilimkar
74 Ganesh Ramchandra Muknak
75 Harnabai Ambaji Dhengale
76 Meena Arun Sarade
77 Jyotsna Pradeep Rajadnya
78 Umesh Murlidhar Ugale
79 Sheetal Umesh Ugale
80 Bhanudas Keshav Bhore
81 Shital Sudhakar Morkar
82 Dattatraya Maruti Barne
83 Pravin Pralhad Jogdenkar
84 Bhagawan Shripati Goriwale
85 Ashok Bhaskarrao Bhosale
86 Rajendra Dattatraya Salvi
87 Prakash Gopinath Jadhav
Basavraj 5/170
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88 Liladhar Prabhakar Arawkar
89 Snehal Shivaji Gholap
90 Shashikant Shrirang Jadhav
91 Sharad Dnyanadeo Salve
92 Pravin Jagannath Bhilare
93 Santosh Dunda Zanjare
94 Mahesh Sahebrao Bhamre
95 Satish Sarjerao Andhale
96 Kiran Narayanrao Malshikare
97 Prashant Dagadu Pawar
98 Nagnath Baliram Dhadwe
99 Suresh Shankar Desai
100 Sumit Vilas Dhore
101 Shridhar Bhau Uttekar
102 Krishnakant Kashinath Goriwale
103 Anjali Avinash Walimbe
104 Ravindra Khashaba Nalawade
105 Rajaram Sakharam Pote
106 Rajensra Pratapsingh Parsehi
107 Eknath Pandurang Gabhale
108 Rahul Dnyaneshwar Kurhade
109 Dayanand Mahadeo Mane
Basavraj 6/170
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110 Nathuram Krishna Tandale
111 Vijay Sadashiv Baravkar
112 Girish Anant Dange
113 Yogesh Suresh Malhari
114 Suresh Kariappa Bhandari
115 Akshay Ramesh Zate
116 Ajay Bhagwan Varpe
117 Santosh Madhusuddan Dhuri
118 Sachin Uddhav More
119 Bhalchandra Pandit Tathwadkar
120 Surendra Gulabrao Ovhal
121 Vasant Shivaji Shinde
122 Rajkumar Shivaji Chaudhari
123 Sanjay Mahadeo Mane
124 Prasanna Krishnarao Kulkarni
125 Ganesh Bhausaheb Rokade
126 Balasaheb Ambadas Mhetre
127 Ujvala Santosh Deshmane
128 Surekha Maruti Jadhav
129 Lalasaheb Dashrath Late
130 Bharati Tukaram Patil
131 Shobha Pandharinath Pathare
Basavraj 7/170
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132 Seema Ramchandra Thorat
133 Uttam Shankar Kothimbire
134 Kavita Digambar Kamble
135 Vandana Ramdas Joshi
136 Vilas Kantilal Gandhi
137 Jayashree Suresh Gawari
138 Pradeep Bajirao Jagtap
139 Geetanjali Jitendra Zagade
140 Mehjabeen Ahmedali Qudsi
141 Manojkumar Ambalal Tatkar
142 Ashok Vinayak Kawade
143 Varsha Suresh Mundhe
144 Sunil Soma Mechkar
145 Prakash Tukaram Sarode
146 Ravindra Raghunath Dhamapurkar
147 Sachin Vishwanath Bankar
148 Rohit Baban Dhumal
149 Rahul Nivruti Bathe
150 Satish Digambar Bolage
151 Chandrashekhar Bal Dedge
152 Shashikant Kisan Chandere
153 Deepak Padmakar Pawaskar
Basavraj 8/170
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154 Manohar Gangaram Kunjir
155 Sameer Vilas Dive
156 Shivaji Tukaram Jawale
157 Chandrakant Dharma Yemtekar
158 Sandeep Mahadev Khatate
159 Umesh Narayan Purohit
160 Ramesh Kisan Shelar
161 Anant Sudam Nimbre
162 Kamal Suhas Lokhande
163 Swati Naresh Belekar
164 Chetan Gajanan Parbhane
165 Mukunda Namdeo Pande
166 Sandhya Bapusahed Hande
167 Shivaji Balaram Navarat
168 Subodh Somnath Mandalik
169 Vaishali Madhukar Satpute
170 Hemantkumar Babanrao Khade
171 Sashikant Maruti Awari
172 Raghunath Bhiku Chavan
173 Amol Ramling Jadhwar
174 Yuvraj Shripati Bhusnar
175 Somath Balu Kandhare
Basavraj 9/170
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176 Gajanan Dnyandeo Bobade
177 Sameer Manik Nevkar
178 Sanjay Balu Uttekar
179 Vikas Popat Barathe
180 Sandeep Ananda Wachule
181 Raju Raosaheb Dhaware
182 Gorakhanath Shantaram Kadam
183 Datta Nathuram Uttekar
184 Sunil Dattaram Padyal
185 Bhikaram Pandurang Kalgude
186 Satish Savalaram Jadhav
187 Shankar Satgonda Patil
188 Avinash Vaman Khandagale
189 Abkhay Laxman Chintamani
190 Yuvraj Ganpat Bhosale
191 Satendra Shrikant More
192 Nilesh Dilip Gaikwad
193 Sunil Daulat Kadam
194 Shrikant Suresh Pardershi
195 Sachin Ravindra Dixit
196 Rajaram Satu Gawari
197 Arun Ishwer Khatmode
Basavraj 10/170
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198 Nirmala Narayan Yadav
199 Susha Kishor Surve
200 Urmila Dattatraya Kanherkar
201 Anjali Anand Khare
202 Aparna Vinod Joshi
203 Shrikant Pandurang Gaikwad
204 Vidya Dilip Ghuge
205 Mohan Pandurang Belekar
206 Swanand Moreshwar Bhagwat
207 Maruti Hikan Shingare
208 Sushma Purushottam Pisal
209 Lata Dattatray Doke
210 Anjali Sunil Vartak
211 Rajendra Damodar More
212 Satish Popatrao Gadadare
213 Sambhaji Khanderao Waghmare
214 Neeta Pramod Parseshi
All the Petitioner Nos.1 to 214
presently working at Savitribai Phule
Pune University, Ganesh Khind,
Pune - 411 007. ..... Petitioners
Vs.
1. State of Maharashtra, through
Secretary, Higher and Technical,
Education Department, having Office
at Mantralaya Annexe,
Mumbai - 400 032.
Basavraj 11/170
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2. Director of Higher Education,
Maharashtra State, having Office at 3,
B.J. Road, Central Building,
Pune - 411 001.
3. Joint Director of Higher Education,
Pune Region, Pune, having office at 17,
Dr. Ambedkar Road, Camp,
Pune-411 001.
4. Savitribai Phule Pune University
through the Registrar, having office at
Ganeshkhind, Pune - 411 007. ..... Respondents
WITH
CIVIL APPLICATION NO.2558 OF 2022
IN
WRIT PETITION NO. 793 OF 2019
Jadhav Surekha Ramchandra - ..... Applicants
Original Petitioner No.12 & Ors.
Yashwant Krishnaji Kulkarni & Ors. ..... Petitioners
Versus
State of Maharashtra & Ors. ..... Respondents
WITH
3. WRIT PETITION NO. 1376 OF 2019
1 Dhiwar Sunil Kisan
Age - 52, Occ. Service
2 Munagekar Hare Ramchandra
Age - 56, Occ. Service
3 Ingwale Bapurao Atmaram
Age - 53, Occ. Service
4 Udmale Ashok Parashuram
Age - 51, Occ. Service
Basavraj 12/170
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5 Kudale Nishikant Sakharam
Age - 36, Occ. Service
6 Bhujbal Sandeep Mahadeo
Age - 47, Occ. Service
7 Rajput Manoharsingh Bhoorsingh
Age - 35, Occ. Service
8 Suryawanshi Shirishkumar Shantaram
Age - 57, Occ. Service
9 Walimbe Avinash Madhav
Age - 54, Occ. Service
10 Gaikwad Kamalakar Prabhu
Age - 57, Occ. Service
11 Pendse Vijay Vyankatesh
Age - 53, Occ. Service
12 More Nutan Hiraman
Age - 54, Occ. Service
13 Ghodke Sunil Pandurang
Age - 56, Occ. Service
14 Gadgil Khagesh Anant
Age - 52, Occ. Service
15 Joshi Shubhada Moreshwar
Age - 53 Occ. Service
16 Sonavane Sunita Dattatraya
Age 52 0cc. Service
17 Kadam Avinash Sitaram
Age 55 Occ. Service
18 Teke Prashant Maruti
Age-56 Occ. Service
19 Satote Uttam Shivram
Age-55 Occ. Service
Basavraj 13/170
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20 Prabhudesai Arun Achut
Age 58 Occ. Service
21 Khilari Vrushali Ashok
Age-39 Occ. Service
22 Jagdale Popat Anant
Age- 50 Occ. Service
23 Adhalge Mohan Baburao
Age- 56 Occ. Service
24 Ladkat Samar Dnyaneshwar
Age-50 Occ. Service
25 Gaikwad Dilip Pandit
Age-50 Occ. Service
26 Vhatkar Tejendra Bhagwan
Age-53 Occ. Service
27 Shinde Suresh Sitaram
Age-49 Occ. Service
28 Bhosekar Sulabha Shripatrao
Age 56 Occ. Service
29 Valvi Krishna Gumba
Age 50 Occ. Service
30 Koske Vishal Jagannath
Age 44 Occ. Service
31 Karote Chhaya Manohar
Age-58 Occ. Service
32 Kadam Chhaya Shrirang
Age 52 Occ. Service
33 Gurav Anjallee
Age 50 Occ. Service
34 Katole Ravindra Madhukar
Age 50 Occ. Service
Basavraj 14/170
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35 Tarpade Chimaji Mahadeo
Age-45 Occ. Service
36 Kadam Asha Sanjay
Age-49 Occ. Service
37 Shishupal Digambar Sadashiv
Age-56 Occ. Service
38 Sawarkar Rameshwar Namdeo
Age-55 Occ. Service
39 Sakale Shashikant Dattu
Age-57 Occ. Service
40 Deshpande Kiran Achut
Age-54 Occ. Service
41 Redekar Anisha Ashok
Age-49 Occ. Service
42 Gade Sangita Sanju
Age-48 Occ. Service
43 Kulkarni Madhurai Hemant
Age-49 Occ. Service
44 Rengade Santosh Namdeo
Age-44 Occ. Service
45 Nawale Ramdas Kashinath
Age-47 0cc. Service
46 Chougale Shashikant Maruti
Age-47 Occ. Service
47 Pawase Renuka Bajirao
Age-46 Occ. Service
48 Deshpande Mandar Vyankatesh
Age-46 Occ. Service
49 Taru Sanjay Suryakant
Age-45 Occ. Service
Basavraj 15/170
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50 Jagtap Nitin Sitaram
Age-51 Occ. Service
51 Raut Mansiha Sunil
Age- 46 Occ. Service
52 Mundalik Shubhangi Sanjeev
Age-50 Occ. Service
53 Ladkat Ramesh Trimbak
Age-42 Occ: Service
54 Chaudahri Rajashree Dnyaneshwar
Age-37 Occ. Service
55 Nikam Nilesh Jagannath
Age-38 Occ. Service
56 Dhaygude Nitin Krishna
Age-42 Occ. Service
57 Ghule Sunil Shivaji
Age- 43 Occ. Service
58 More Santosh Ramchnadra
Age-36 Occ. Service
59 Kale Raviraj Tukaram
Age- 36 Occ. Service
60 Sathe Abhijit Shankar
Age- 39 Occ. Service
61 Joshi Pradip Sitaram
Age-40 Occ. Service
62 Wagh Ravindre Ashok
Age- 34 Occ. Service
63 Raut Sunil Mohanrao
Age-36 Occ. Service
64 Sutar Prashant Kerba
Age-43 Occ. Service
Basavraj 16/170
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65 Tekade Sulbha Waman
Age - 44 Occ. Service
66 Dixit Pursshottam Shivram
Age-43 Occ. Service
67 Sonar Prasanna Purushottam
Age 46 Occ. Service
68 Udhane Babanrao Damu
Age-54 Occ. Service
69 Gargote Vidya Kisan
Age-51 Occ. Service
70 Rokade Sanjay Jijaram
Age-51 Occ. Service
71 Bhosle Ashok Govind
Age- 53 Occ. Service
72 Rajput Bhoorsingh Ajitsingh
Age-55 Occ. Service
73 Taur Mohan Abhiman
Age-53 Occ. Service
74 Chavan Maruti Bhimrao
Age- 60 Occ. Service
75 Jadhav Nanasaheb Rajaram
Age-53 Occ. Service
76 Kharmate Jagannath Shankar
Age-53 Occ. Service
77 Salunke Gopal Shamrao
Age-60 Occ. Service
78 Kedari Anil Suryakant
Age-43 Occ. Service
79 Ghume Sayaji Tukaram
Basavraj 17/170
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Age - Occ. Service
All C/o Savitribai Phule Pune University
(Formerly University of Pune)
Dist. Pune
..... Petitioners
Versus
1 The State of Maharashtra
Through Principal Secretary,
Mantralaya, Mumbai.
2 The Secretary, Higher and Technical
Education Department, Mantralaya,
Mumbai.
3 The Secretary, Finance Department,
Mantralaya, Mumbai.
4 The Director, Higher Education, Central
Building, Maharashtra State, Pune.
5 The Joint Director, Higher Education,
Pune Region, 17, Amebedkar Marg,
Pune.
(Copies of Respondent no's 1 to 5 to be
served on Government Pleader)
6 Savitribai Phule Pune University,
(Formerly University of Pune), Pune,
Through its Registrar, Pune, Dist. Pune .....Respondents
WITH
CIVIL APPLICATION NO.452 OF 2019
IN
WRIT PETITION NO. 1376 OF 2019
1 Prof Atul Govind Bagul
Age - 56 years, Occ : Professor,
H.V. Desai College, approved by
Savitribai Phue Pune University (SPPU)
and Ex Member of Senate, SPPU.
Residing at B-15, Makarand Park,
Singhagad Road, Pune - 411015
Basavraj 18/170
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2 Abhishek Subhash Haridas
Adult, Occu : Social Activist,
A/4-3, Anchal Housing Society,
Opp.Rahul Nagar, Kothrud,
Pune-411038 ..... Intervenors
Dhiwar Sunil Kisan & Ors. ..... Petitioners
Versus
State of Maharashtra & Ors. ..... Respondents
WITH
4. PUBLIC INTEREST LITIGATION (STAMP) NO. 5919 OF 2019
1 Prof. Atul Govind Bagul
Adult, Occ. Professor
H.V. Desai College, Approved by
Savitribai Phule Pune University
(SPPU) and Ex Member of Senate,
S.P.P.U.
R/at : B-15 Makarand Park, Sinhagad
Road, Pune - 411 015.
2 Dr. Abhishek Subhash Haridas
Adult, Occ. Social Activist
A/4-3, Anchal Housing Society
Opp. Rahul Nagar, Kothrude
Pune - 411 038. .....Petitioners
Versus
1 State of Maharashtra
[Summons to be served on the Learned
Government Pleader appearing for
State of Maharashtra under Order
XXVII, Rule 4, of the Code of Civil
Procedure, 1908].
2 The Secretary
Higher and Technical Education
Department, Government of
Maharashtra, Mantralaya,
Mumbai - 400 032.
Basavraj 19/170
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3 The Secretary
Finance Department, Government of
Maharashtra, Mantralaya,
Mumbai - 400 032.
4 Savitribai Phule Pune University
[Summons to be served on the Learned
Registrar, Savitribai Phule, Pune
University, Ganeshkhind Road,
Pune 411 007].
5 Sant Gadagebaba Amravati Vidyapeeth
Amravati, District Amravati
[Summons to be served on the Learned
Registrar Sant Gadagebaba Amravati
Vidyapeeth Amravati
District Amravati]
6 Dr. Babasaheb Ambedkar Marathwada
Vidyapeeth Aurangabad
[Summons to be served on the Learned
Registrar Dr. Babasaheb Ambedkar
Marathwada Vidyapeeth Aurangabad
District Aurangabad]
7 Shivaji Vidyapeeth, Kolhapur
[Summons to be served on the Learned
Registrar Shivaji Vidyapeeth, Kolhapur,
District Kolhapur]
8 North Maharashtra University Jalgaon
[Summons to be served on the Learned
Registrar Uttar Maharashtra
Vidyapeeth Jalgaon, District Jalgaon] ...Respondents
WITH
5. WRIT PETITION NO. 8891 OF 2019
WITH
CIVIL APPLICATION NO. 1367 OF 2019
IN
WRIT PETITION NO. 8891 OF 2019
Kailash s/o Bhaurao Deshmukh,
Basavraj 20/170
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Age : 55 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
House No. 1-9-15, Prakram Colony, ......Petitioner/
Jainsingpura, Aurangabad - 431 001 Applicant
VERSUS
1 The State of Maharashtra
Through the Secretary to the
Government
Higher and Technical Education
Department,
Mantralaya Annexe, Mumbai-400 032.
2 The Director of Higher Education
Maharashtra State, Pune.
3 The Joint Director, Higher Education,
Aurangabad Region, Aurangabad.
4 Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar.
WITH
6. WRIT PETITION NO.8008 OF 2018
Shivaji Vidyapeeth Sevak Sangh
C/o. Shivaji University, Kolhapur,
Thru' its General Secretary ...Petitioner
Vs.
1 The State of Maharashtra
Through its Secretary, Higher and
Technical Education Department,
Mantralaya, Mumbai - 400 032.
2 The Director of Higher Education,
Central Building,
Maharashtra State, Pune - 1.
Basavraj 21/170
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3 The Joint Director of Higher Education,
Rajaram College Campus,
Kolhapur Region, Kolhapur.
4 Shivaji University, Vidhyanagar,
Kolhapur, Through the Registrar. ...Respondents
WITH
7. WRIT PETITION NO. 8013 OF 2018
Shivaji Vidyapeeth Sevak Sangh
C/o. Shivaji University, Kolhapur,
Thru' its General Secretary ...Petitioner
Vs.
1 The State of Maharashtra
Through its Secretary, Higher and
Technical Education Department,
Mantralaya, Mumbai - 400 032.
2 The Director of Higher Education,
Central Building,
Maharashtra State, Pune - 1.
3 The Joint Director of Higher Education,
Rajaram College Campus,
Kolhapur Region, Kolhapur.
4 Shivaji University, Vidhyanagar,
Kolhapur, Through the Registrar. ...Respondents
WITH
8. WRIT PETITION NO. 8844 OF 2019
1 Vijay s/o. Laxmanrao Pund
Age: 43 years, Occu: Service as
Lab Technician, Department of
Zoology, Dr. Babasaheb Ambedkar
Marathwada University, Aurangabad.
2 Somnath s/o. Janardhan Ghodake,
Basavraj 22/170
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Age: 34 years, Occu: Service as Lab
Technician, Department of
Chemical Technology, Dr. Babasaheb
Ambedkar Marathwada University,
Aurangabad.
3 Suresh s/o. Yashwantrao Gaikwad
Age: 52 years, Occu; Service, as Lab
Technician, Department Environment
Science, Dr. Babasaheb Ambedkar
Marathwada University, Aurangabad. ....Petitioners
Versus
1 The State of Maharashtra,
Through its Secretary to the
Government, Higher and Technical
Department, Mantralaya,
Mumbai-400032.
(Copy to be served on the
Government Pleader, High Court of
Judicature of Bombay Bench at
Aurangabad.)
2 The Director of Higher and Technical
Education, Pune.
3 The Joint Director, Higher and
Technical Education, Aurangabad
Division, Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar,
University Campus, Aurangabad. ...Respondents
WITH
9. WRIT PETITION NO. 8843 OF 2019
WITH
CIVIL APPLICATION NO. 1911 OF 2019
IN
WRIT PETITION NO. 8843 OF 2019
1 Manojkumar s/o Ulhasrao Wadgaonkar,
Age: 44 years Occ: Service,
Basavraj 23/170
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R/o: N - 12, E/F 62/ 06,
Hudco, Shiv Chattrapati Nagar,
Tq. & Dist. Aurangabad.
2 Kailas s/o Ramji Raut,
Age: 53 Years Occ: Service,
R/o: C/o Advocate Shelar,
H. No. 03, Lane No. 3, Surewadi,
Jadhawadi, Tq. & Dist. Aurangabad.
3 Vijay s/o Ramdas Jadhav,
Age: 53 Years Occ: Service,
R/o: H. No. 05/05/26,
Bhadkalgate, Behind Hotel Neelam,
Tq. & Dist. Aurangabad.
4 Ankush s/o Tukaram Chavan,
Age: 52 Years Occ: Service,
R/o: CTS No.4729 Nageshwarwadi
Road, Near Mewad Hotel,
Tq. & Dist. Aurangabad.
5 Prakash s/o Bansilal Nikalje,
Age: 52 Years Occ: Service
R/o Bhimnagar, Bhusingpura,
Tq. & Dist. Aurangabad.
6 Rajesh s/o Baburao Gaikwad,
Age: 48 Years Occ: Service,
R/o: H. No. 639, Pensionpura
Contonment Area,
Tq. & Dist. Aurangabad.
7 Ravindra s/o Martandrao Kesare,
Age: 46 Years Occ: Service.
R/o: Shivpuri, Padegaon
Tq. & Dist. Aurangabad.
8 Prakash s/o Yadavrao Bhalkar,
Age: 46 Years Occ: Service,
R/o Plot No. 9, Devnandini Nagar,
Pahadsinghpura, Begumpura,
Tq. & Dist. Aurangabad.
Basavraj 24/170
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9 Deepak s/o Manikrao Shelke,
Age: 45 Years Occ: Service,
R/o H. No. 03/13/79, Kuwarphali,
Behind Sansthan Ganpati Mandir
Rajabazar Tq. & Dist. Aurangabad.
10 Ravi s/o Trimbakrao Bhingare
Age: 48 Years Occ: Service,
R/o: New Pahadsinghpura,
Hanuman Tekdi Road
Tq. & Dist. Aurangabad.
11 Bansod s/o Uttam Vishwanath,
Age: 52 Years Occ: Service,
R/o H. No. 5- 16- 91, Old Bhusingpura,
Tq. & Dist. Aurangabad.
12 Pradeep s/o Prabhakar Gavhane,
Age: 49 Years Occ: Service,
R/o Phadsinghpura, Pawan Nagar,
Near Hanuman Tekdi, Tq. & Dist.
Aurangabad.
13 Balu s/o Jaganathrao Jadhav,
Age: 48 Years Occ: Service,
R/o 51, Honnaji Nagar, Jatwada Road,
Tq. & Dist. Aurangabad.
14 Baliram s/o Tukaram Salunke,
Age: 46 Years Occ: Service,
R/o H. No. 01/01/123, Lalmandi,
Begumpura Tq. & Dist. Aurangabad.
15 Ramdas s/o Bhikan Gaikwad,
Age: 49 Years Occ: Service
R/o H. No. 01- 28- 1098,
New Pahadsinghpura,
Beside Saibaba Temple, ......Petitioners
Tq. & Dist. Aurangabad. (Applicants)
Versus
1 The State of Maharashtra
Through its Secretary,
Basavraj 25/170
792.19-wp+.docx
To the Government Higher and
Technical Department, Mantralaya
Mumbai-32.
2 The Director of Higher Education
Maharashtra State, Pune.
3 The Joint Director, Higher Education,
Aurangabad Region Aurangabad.
4 Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad,
Through its Vice Chancellor / Registrar,
University Campus, Aurangabad. ......Respondents
WITH
10. WRIT PETITION NO. 8927 OF 2019
Bhimrao s/o Ramrao Mahadik,
Age : 49 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
D-40/1, N-12, Swami Vivekanand Nagar,
Near TV Centre, N-12, HUDCO,
Aurangabad-431003.
Cell No. 09403445375
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director, Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
Basavraj 26/170
792.19-wp+.docx
WITH
11. WRIT PETITION NO. 8928 OF 2019
Rajkumar s/o Bhausaheb Raktate,
Age : 35 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
Plot No. 162, Alok Nagar, Satara Parisar,
Aurangabad-431005.
Cell No. 09767027598 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director, Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
12. WRIT PETITION NO. 8929 OF 2019
Dadasaheb s/o Prabhakar Manohar,
Age : 52 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Plot
No. 37, Pawan Nagar, New Phadsingpur,
Aurangabad-431001.
Cell No. 09822868723 ......Petitioner
VERSUS
Basavraj 27/170
792.19-wp+.docx
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director, Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
13. WRIT PETITION NO. 8931 OF 2019
Vikas s/o Vasudeo Manwatkar,
Age : 50 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Swami
Vivekanand Nagar, N-12, G-118/146, HUDCO,
Aurangabad-431001. ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
Basavraj 28/170
792.19-wp+.docx
WITH
14. WRIT PETITION NO. 8933 OF 2019
Netra w/o Ramesh Kshirsagar,
Age : 50 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
Flat No. 4, Sanket Residency,
Vinayak Nagar, Near Hedgewar Hospital,
Jawahar Colony, Aurangabad-431001.
Cell No. 09423733569
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
15. WRIT PETITION NO. 8845 OF 2019
Mahesh s/o Rajeshwarrao Danke,
Age : 49 years, Occupation : Service,
Residing at Flat No. 5, Plot No. 1,
Abhisarika Apartment, Near Yasho
Mangal Karyalaya, Pannalalnagar,
Aurangabad. ......Petitioner
VERSUS
1. The Govt. of Maharashtra in Technical
and Higher Education Department,
thru its Secretary,
Basavraj 29/170
792.19-wp+.docx
Mantralaya Annexe, Mumbai-32.
2. The Director of Higher Education
Maharashtra State, Pune.
3. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Registrar. ......Respondents
WITH
16. WRIT PETITION NO. 8847 OF 2019
WITH
INTERIM APPLICATION (ST) NO.26144 OF 2022
IN
WRIT PETITION NO. 8847 OF 2019
1 Dr. Shamkant S/o Rajaram Bhadlikar
Age : 51 years, Occu.: Service,
Presently Working as Deputy
Registrar (Law & RTI) R/o: 40,
Shubhsanket, Prem Nagar,
Pimprala Road, Jalgaon, Dist. Jalgaon
2 Shri Shriram S/o Ratan Patil
Age :50 years, Occu.: Service,
Presently Working as University
Deputy Engineer, R/o: Plot No.5,Gat
No.94/2B Near Gajanan Park,
Jalgaon, Dist. Jalgaon
3 Shri Rajesh S/o Iccharam Patil
Age 49 years, Occ. Service
Presently Working as University
Deputy Engineer,
R/o. Plot No.38, Amirai, Khote Nagar,
Jalgaon, Dist. Jalgaon
4 Shri Arun S/o. Sitaram Patil
Age: 61 years, Occ. Retired
R/o. Prabhat Colony, Jalgaon,
Dist.Jalgaon
5 Shri Vinod S/o. Prabhakar Patil
Age 49 years, Occ.: Service
Basavraj 30/170
792.19-wp+.docx
Presently Working as System Analyst
R/o. 26, Shantidham, Behind
Collector Bungalow, Jalgaon.
6 Shri Kapil S/o Nagendra Giri
Age: 52 years, Occ. Service.
Presently working as System Analyst,
R/o. Plot No.6/A, Near Sane Guruji
Colony, Telephone Nagar, Jalgaon
7 Shri Hemant S/o Eknath Wakchaure,
Age 60 years Occu Retired.
R/o Umavi Nagar, Jalgaon, District
Jalgaon
8 Shri Sunil S/o Manik Pariskar,
Age 55 years, Occu.: Service,
Presently Working as Personal
Assistant, R/o Ashirvad, Gat No. 20/3
Plot No. 567/2, Nivruitti Nagar,
Jalgaon, Dist. Jalgaon
9 Pradnya Shyam Tongaonkar,
Age 53 years, Occu.: Service,
Presently Working as Personal
Assistant,
R/o . Mahalaxmi App. Patel Nagar,
Jalgaon
10 Shri Gulabrao S/o Sahebrao Borse,
Age 52 years, Occu.: Service,
Presently Working as Personal
Assistant, R/o : Sector No. 561/1/A,
Plot No. 7 B, Mehrun Shivar,
Opp. Jyostna App. Shivneri Nagar,
Jalgaon
11 Shri Ibrahimkhan Yasinkhan Pathan,
Age : 61 years, Occu.: Retired,
R/o : Bhuswal, District Jalgaon
12 Chitranga Anil Chaudhari
Age : 48 years, Occu.: Service,
Presently Working as Personal
Assistant
Basavraj 31/170
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R/o : Plot No, 7, Gat No. 37/2,
Draupadi Nagar, Opp. Manraj Park,
Pimprala Road, Jalgaon
13 Shri Chandrakant S/o Kashinath
Nerpagar
Age 49 years, Occu: Service,
Presently Working at Stenographer
(Higher Grade),
R/o. Plot No 28, Gat No 92/2
Gurudatta Nagar, Near Ashtabhuja
Devi Gate, Dadawadi, Jalgaon
14 Shri Jitendra S/o Narottamdas Gohil
Age 49 years, Occu: Service,
Presently Working as Stenographer
(Higher Grade),
R/o. Aai, Plot No 17, Gat No. 32,
Muktai Nagar Colony, Jalgaon
15 Rekha Ankat Tayade
Age : 48 years, Occu.: Service,
Presently Working as Stenographer
(Higher Grade),
R/o: Plot No. 19, Gat No, 122/2/3
Vaishwavi Park, Near Ahuja Nagar,
Jalgaon, Dist. Jalgaon
16 Shri Bhagwat S/o Pitambar Badgujar,
Age : 48 years, Occu.: Service,
Presently Working as Stenographer
(Higher Grade),
R/o : 44, Shriram Nagar, Near
Dadawadi, Jain Mandir, Jalgaon
17 Shri Prakash S/o Balwant Vasave,
Age : 41 years, Occu.: Service,
Presently Working as Stenographer
(Higher Grade),
R/o: Gat No. 25, Plot No. 27, Near
Swami Samarth Mandir,
Nivrutti Nagar, Jalgaon
18 Shri Rupesh S/o Janu Dhumal
Age : 50 years, Occu.: Service,
Presently Working as Stenographer
Basavraj 32/170
792.19-wp+.docx
(Lower Grade),
R/o: Plot No. 73, Gat No. 19, Shivdham
Temple, Nimkhedi Shivar, Jalgaon
19 Shri Suresh S/o Khushal Dhake
(Retired)
Age : 60 years, Occu.: Retired,
R/o: Plot No.15,Gat No.4/1+2, Jagrutri
Hsg. Society, Pimprala Area Near
Manav Seva School, Jalgaon, Dist.
Jalgaon
20 Shri Santosh S/o Prabhakar Gavhale
Age : 52 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o : Gat No.24, Plot No.26, Nivruti
Nagar, Behind Gujaral Petrol Pump,
Jalgaon
21 Shri Dipak S/o Vasant Alahit
Age: 51 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o: Prasad, Plot No. 02, Dadawadi,
Jalgaon
22 Shri Gulab S/o Bhavlal Patil,
Age : 49 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade), R/o: Plot No. 11, Gat
No, 94/3/4 Shriram Nagar, Dadawadi,
Jalgaon, Dist. Jalgaon
23 Shri Somnath S/o Gulabrao Vadnere,
Age : 46 years, Occu. Service,
Presently Working as Stenographer
(Lower Grade),
R/o: Nirmalkunj, Plot No. 21, Gat No.
139/2b, Below Ramanad Ghat, Near
Vyankatesh Nagar, Rukmini Nagar,
Jalgaon
24 Shri Rajesh S/o Girdhar Bage,
Age : 45 years, Occu.: Service,
Basavraj 33/170
792.19-wp+.docx
Presently Working as Stenographer
(Lower Grade),
R/o: Aai Saptrashrungi, Plot No. 33,
Gat No. 40/8, Near Trupti Corner,
Satguru Nagar, Old MIDC, Jalgaon
25 Shri Pramod S/o Anandrao Chavan,
Age : 5O years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o : Chandrakiranji, House No. 1016
B, Main Road, Kanalda, Dist. Jalgaon
26 Mitali Milind Deshmukh,
Age : 43 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o: S.No. 484/1 Sai Prasad
Appartment, Behind MJ. College,
Lakshmi Nagar, Near Ashwini Park,
Jalgaon
27 Shri Ishwar S/o Bhimrao Samudre,
Age : 49 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o: Plot No. 20, Gat No. 9/2,
Shakarappa Nagar, Pimprala,
Jalgaon, Dist. Jalgaon
28 Shri Jagdish S/o Khandu Shivade
Age : 51 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
Kavayitri Bahinabai Chaudhari North
Maharashtra University, Umavi
Nagar, Jalgaon, District Jalgaon
29 Shri Mahesh s/o Madhukar Patil
Age : 49 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o : Gat No. 100, Plot No. 25 A,
Vishram Nagar, Nimkhedi Road,
Jalgaon
Basavraj 34/170
792.19-wp+.docx
30 Shri Ramesh S/o Sakharam Gangurde
Age : 47 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o : Plot No. 14, Gat No. 4/1/+2,
Gurudatta Nagar, Pimprala, Jalgaon
31 Shri Mahendra S/o Shaligram
Mahajan
Age : years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o : Gat No. 84, Plot No. 52, Shriram
Nagar, Dadawadi, Jalgaon
32 Shri Gajanan S/o Waman Savale
Age : 46 years, Occu.: Service,
Presently Working as Stenographer
(Lower Grade),
R/o : Subhash, Plot No. 117,
Pandurangnath Nagar, Near Pooja
Complex, Khadka Road, Bhusawal,
Jalgaon
33 Shri Pramod S/o Tarachand Marathe
Age : 53 years, Occu.: Service,
Presently Working as Junior
Engineer,
R/o : Geetai, Droupadi Nagar, Plot No.
4, Gat No, 37/3, B endale Stop,
Jalgaon
34 Shri Sunil S/o Pundlik Nemade
Age : 50 years, Occu.: Service,
Presently Working as Junior
Engineer,
R/o : Plot No. 24, Gat 101/2, Near
Bhushan Colny, Mundada Nagar,
Jalgaon
35 Shri Chandrakant S/o Sadashiv Ise
Age : 55 years, Occu.: Service,
Presently Working as Technical
Assistant,
Basavraj 35/170
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R/o: Plot No. 2, Gat No. 94/2 A/1/1,
Near Datta Residency, N.H. No. 6,
Khote Nagar Bus Stop, Jalgaon
36 Shri Walmik S/o Dhudku Patil,
Age : 50 years, Occu.: Service,
Presently Working as Junior
Assistant,
R/o : Gat No. 347/2/B, Pandurang
Nagar, Pimprala Parisar,
Jalgaon, Dist. Jalgaon
37 Pramod Nago Pagare (Dead) (Was on
the post as Lohar) Through his L.Rs.,
Savita Pramod Pagare,
Age : 50 years, Occu.: Service,
R/o : Watika Ashram, Jalgaon,
Dist. Jalgaon
38 Shri Dilip S/o Baburao Sonwane,
Age : 54 years, Occu.: Service,
Presently Working as Junior
Assistant,
R/o : Plot No. 37,Gat No.343/3,
Indranil Society, Near Khote Nagar,
Jalgaon
39 Shri Suresh S/o Daulat Bagul
Age: 50 years, Occu.: Service,
Presently Working as Junior
Assistant, R/o. Gat No.86/2, Plot No.8,
Ashababa Nagar, Ganesh Park,
Jalgaon, Dist. Jalgaon
40 Ganesh Kadu Lokhande (Dead) (Was
working as Gavandi) Through his
L.Rs. Sonali Ganesh Lokhande,
Age : 44 years, Occ: Service,
R/o: Ayodhya Nagar, Jalgaon, Dist.
Jalgaon
41 Devidas Tulshiram Pardeshi (Dead)
(Was working as Khansambha),
Through his L.Rs.,
Chaya Devidas Pardeshi,
Age : 43 years, Occu.: Household,
Basavraj 36/170
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R/o : Nimkhedi Road, Jalgaon,
Dist. Jalgaon
42 Shri Prabhakar S/o Khandu
Wankhede,
Age : 52 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o : Plot No.:3, Gat No.286, Bambhori
P.C., Back Side Of SSBT Engineering
College, Jalgaon
43 Shri Raghunath S/o Jhulal @ Zulal
Patil,
Age : 53 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o: At/Post: Takarkheda, Tal:
Erandol, Dist: Jalgaon
44 Shri Chintaman S/o Laxman
Sonawane,
Age : 47 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o: Gat No.343, Plot No. 6, Indranil
Housing Soc. Pimprala Shivar,
Jalgaon
45 Shri Dilip S/o Gendalal Kochure,
Age : 51 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o : Plot No.18/A, Gat No.23+22/1,
Nivrutti Nagar, Jalgaon
46 Shri Bhagwat S/o Raijhar Thorat,
Age : 44 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o : D-28, Staff Quarter, Umavinagar,
Jalgaon
47 Shri Vasant S/o Sukdeo Baviskar
Age : 51 years, Occu.: Service,
Basavraj 37/170
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Presently Working as Trained
Attendant,
R/o: Gat No.227, Plot No.30, Kantilal
Nagar, Bambhori, Tal: Dharangaon,
Dist: Jalgaon
48 Shri Sanjaykumar S/o Kashinath
Patil,
Age: 45 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o: Gat No.95/2, Plot No.14, Block-A,
Near Old Water Tank, Near Ganapati
Mandir, Hotenagar, Jalgaon
49 Pawar Sitaram Bankat (Dead) (Was
working as Khansambha), Through
his L.Rs., Renuka Sitaram Pawar,
Age : 40 years, Occu.: Service,
R/o: Paldhi, Tq. Dhadgaon,
Dist. Jalgaon.
50 Shri Balasaheb S/o Dhudku Patil,
Age : 52 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o : Plot No.45, Gat No.563/5,
Anurang, State Bank Colony, Near
Samata Nagar, Mahabal, Jalgaon
51 Shri Shrikant S/o Murlidhar
Baviskar,
Age : 47 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o : At/Post: Khadholi, Tal: Erandol,
Dist: Jalgaon
52 Shri Rahul S/o Jagannath
Nannaware,
Age : 44 years, Occu.: Service,
Presently Working as Trained
Attendant,
R/o : D-22, Staff Quarter, Umavinagar,
Basavraj 38/170
792.19-wp+.docx
Jalgaon
53 Shri Prafulla Ramdas Wagh,
Age : 52 years, Occu.: Service,
Presently Working as Junior
Engineer,
R/o : Opp. To Prathmesh Apartment,
Behind SMIT College, Shriram Colony,
Jalgaon, Dist. Jalgaon
54 Shri Vikas Fulchand Patil,
Age : 57 years, Occu.: Service,
Presently Working as Junior
Engineer,
R/o: Plot No. 12, Gut No. 37/3,
Drautpati Nagar, Jaihind Colony,
Jalgaon, Dist. Jalgaon
55 Shri Anandgir Narayangir Gosavi,
Age : 49 years, Occu.: Service,
Presently Working as Junior
Engineer,
R/o : Plot No. 27, Gut No. 5/1, Samarth
Nagar, Nr. Dada Wadi, Jalgaon, Dist.
Jalgaon
56 Shri Balkrishna Deoram Patil,
Age : 50 years, Occu.: Service,
Presently Working as Junior
Engineer,
R/o: Plot No.38, Gut No 77, Nimkhedi
Shivar, Old Jain Pipe Factory Campus,
Jalgaon, Dist. Jalgaon
57 Shri Vinayak Vikram Desale,
Age 52 years, Occu.: Service,
Presently Working as Junior
Engineer,
R/o: Plot No. 49, Gut No. 62/2, Near
Salunke Classes, Pramod Nagar,
Sector -2, Deopur, Dhule, Dist. Dhule
58 Shri Ishwar Bhaurao Patil,
Age : 50 years, Occu.: Service,
Presently Working as Junior
Basavraj 39/170
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Engineer,
R/o: Plot No. 12, Gut No. 27, Nivrutti
Nagar, Jalgaon, Dist. Jalgaon
Versus
1 The State of Maharashtra,
Through its Principal Secretary,
Higher and Technical Education
Department, Mantralaya, Mumbai-32.
2 The Finance Department,
Through its Secretary, Maharashtra
State, Mantralaya, Mumbai - 32.
3 The Accountant General,
Maharashtra State, Mantralaya,
Mumbai - 32.
4 The Chief Accountant
(Accounts and Audit),
Maharashtra State, Mumbai.
5 The Director, Higher Education,
Maharashtra State, Pune.
6 The Joint Director of Higher
Education, Jalgaon, District Jalgaon.
(Copies to be served upon
Government Pleader Bombay High
Court Bench at Aurangabad)
7 Kavayitri Bahinabai Chaudhari North
Maharashtra University, UMAVI
Nagar, Jalgaon, District Jalgaon,
Through its Registrar. ...Respondents
WITH
17. WRIT PETITION NO. 8959 OF 2019
WITH
CIVIL APPLICATION NO. 1368 OF 2019
IN
WRIT PETITION NO. 8959 OF 2019
Suresh s/o Kashinath Ingale,
Age : 53 years, Occupation : Service,
Basavraj 40/170
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Presently posted as Section Officer in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Rahul
Nagar, Tiranga Chowk, Galli No. 5,
Behind Jalan Nagar, Near Railway Station,
Aurangabad - 431 005.
Cell No. 9767618853
E-mail ID:sureshi[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director, Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
18.WRIT PETITION NO. 8935 OF 2019
Mukta w/o Pradeep Chandwadkar,
Age : 43 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
Flat No. 25, Sulochana Vihar,
Nageshwarwadi, Aurangabad-431004.
Cell No. 9850147108 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
Basavraj 41/170
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2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
19. WRIT PETITION NO. 8936 OF 2019
Ramesh s/o Asaram Kshirsagar,
Age : 55 years, Occupation : Service,
Presently posted as University Deputy
Engineer in Dr. Babasaheb Ambedkar
Marathwada University, Residing
presently at Flat No. 4, Sanket Residency,
Vinayak Nagar, Near Hedgewar Hospital,
Jawahar Colony, Aurangabad-431001.
Cell No. 09922420361
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director, Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
Basavraj 42/170
792.19-wp+.docx
WITH
20.WRIT PETITION NO. 8937 OF 2019
Manoj s/o Gajanan Shete,
Age : 37 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at N-12,
D-43/6, Swami Vivekanand Nagar, T.V.
Center, HUDCO, Aurangabad-431001. ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
21. WRIT PETITION NO. 8939 OF 2019
Bhaginath s/o Namdeo Jadhav,
Age : 44 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
House No. 6-5-298, Near Kaikadiwada,
Begumura, Aurangabad - 431001.
Cell No. 7875391215 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Basavraj 43/170
792.19-wp+.docx
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
22.WRIT PETITION NO. 8940 OF 2019
Kalpana d/o Trimbakrao Bhagwat,
Age : 34 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently
at C/3, Chinar Garden, Padegaon,
Aurangabad - 431005.
Cell No. 09130020199
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
Basavraj 44/170
792.19-wp+.docx
WITH
23. WRIT PETITION NO. 8942 OF 2019
Dinkar s/o Pralhad Jagdale,
Age : 47 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at post
Swangi, Harsul, Aurangabad - 431001.
Cell No. 9881178254 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar.
WITH
24. WRIT PETITION NO. 8946 OF 2019
Madhav s/o Gunaji Wagatkar,
Age : 49 years, Occupation : Service,
Presently posted as Section Officer in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at House
No. 158, Pratapgad Nagar, MHADA Colony,
Near Baliram Patil School, N-9, CIDCO,
Aurangabad - 431 004
Cell No. 9420269082 ......Petitioner
VERSUS
1. The State of Maharashtra
Basavraj 45/170
792.19-wp+.docx
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
25. WRIT PETITION NO. 8951 OF 2019
Manjusha w/o Kiran Shastri,
Age : 43 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Plot
No. 85, Gurukrupa Ranjavan Housing
Society, N-9, J-Sector, T.V. Centre,
Aurangabad - 431 001.
Cell No. 8007639131
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
Basavraj 46/170
792.19-wp+.docx
WITH
26.WRIT PETITION NO. 8955 OF 2019
Praveen s/o Harichandra Jawale,
Age : 48 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at House
No. 1-15-145, Jawale Niwas, Near Ganesh
Mandir, Begumpura, Aurangabad-431 001. ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
27. WRIT PETITION NO. 8850 OF 2019
Sandeep s/o Suryakant Darbastwar,
Age : 46 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
Flat No. 4, C Building, R.B. Hills, Nath
Prangan, Garkheda, Aurangabad-431 005.
Cell No. 9271235689
E-mail ID:[email protected] ......Petitioner
VERSUS
Basavraj 47/170
792.19-wp+.docx
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
28.WRIT PETITION NO. 8855 OF 2019
WITH
CIVIL APPLICATION NO. 1399 OF 2019
IN
WRIT PETITION NO. 8855 OF 2019
Mir Mohammad Ali s/o Mir Iqbal Ali,
Age : 49 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently 4-1-95,
Angoribaugh, Near J.K. Printers,
Aurangabad.
Cell No. 9850240601
E-mail ID:[email protected] ......Petitioner / Applicant
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
Basavraj 48/170
792.19-wp+.docx
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
29.WRIT PETITION NO. 8856 OF 2019
WITH
CIVIL APPLICATION NO.1361 OF 2019
IN
WRIT PETITION NO. 8856 OF 2019
Jagannath s/o. Girjaba Adhav
Age: 55 years, Occu: Service
presently posted as Head Typist in
Dr. Babasaheb Ambedkar
Marathwada University, residing
presently at Aapegav, Apegaon,
Ranjagaon Pol, Taluka and District
Aurangabad - 431 001.
Cell No. 9637200522
e-mail ID ...Petitioner
vs.
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar.
...Respondents
Basavraj 49/170
792.19-wp+.docx
WITH
30. WRIT PETITION NO. 8858 OF 2019
Shobha d/o Shripatirao Kisve,
Age : 54 years, Occupation : Service,
Presently posted as Assistant Registrar in
Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad,residing presently
at N-2, CIDCO, Aurangabad-431008.
Cell No. 9923405448 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
31. WRIT PETITION NO. 8860 OF 2019
Subhash s/o. Dattatraya Mungikar
Age: 56 years, Occu: Service presently
posted as Senior Assistant in
Dr. Babasaheb Ambedkar
Marathwada University, residing
presently at Nageshwar Mandir,
Nageshwar Wadi,
Aurangabad - 431 001.
Cell No. 9689169528
e-mail ID ...Petitioner
VERSUS
Basavraj 50/170
792.19-wp+.docx
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
32. WRIT PETITION NO.8866 OF 2019
Sudarshan s/o Bharatdas Vaishnav,
Age : 53 years, Occupation : Service,
presently posted as Senior Assistant in
Dr.Babasaheb Ambedkar Marathwada University,
residing presently at Jatwada Road, Raigad-49,
Sara Vaibhav, Harsul, Aurangabad - 431 001.
Cell No.8007175157
email ID [email protected] ... Petitioner
Versus
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor/Registrar. ... Respondents
Basavraj 51/170
792.19-wp+.docx
WITH
33. WRIT PETITION NO.8868 OF 2019
Nitin s/o Ramkrishna Kadu,
Age : 46 years, Occupation : Service,
presently posted as Senior Assistant in
Dr.Babasaheb Ambedkar Marathwada
University, residing presently at Flat No.10,
Pardeshi Towers, Shahanoormiya Dargaha,
Aurangabad - 431 005.
Cell No.9922994212
e-mail ID - [email protected] ... Petitioner
Versus
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor/Registrar. ... Respondents
WITH
34. WRIT PETITION NO.8870 OF 2019
Appasaheb S/O Karbhari Bagul,
Age : 45 years, Occupation : Service,
presently posted as Senior Assistant in
Dr.Babasaheb Ambedkar Marathwada
University, residing presently at Bhimnagar,
Bhavsingpura, Aurangabad - 431 001.
Cell No.9175705797 ... Petitioner
Versus
Basavraj 52/170
792.19-wp+.docx
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor/Registrar. ... Respondents
WITH
35. WRIT PETITION NO.8871 OF 2019
Sanjay s/o Murlidhar Wagh,
Age : 38 years, Occupation : Service,
presently posted as Senior Assistant in
Dr.Babasaheb Ambedkar Marathwada University,
residing presently at Wahegaon,
Taluka Gangapur, District Aurangabad,
Cell No.8275514216,
e-mail ID - [email protected] ... Petitioner
Versus
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through
its Vice Chancellor/Registrar. ... Respondents
Basavraj 53/170
792.19-wp+.docx
WITH
36. WRIT PETITION NO.8873 OF 2019
Kakaji s/o Laxman Kakde,
Age : 50 years, Occupation : Service,
presently posted as Senior Assistant in
Dr.Babasaheb Ambedkar Marathwada University,
residing presently at House No.E-4,/1, N-6,
CIDCO, Aurangabad. ... Petitioner
Versus
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through
its Vice Chancellor/Registrar. ... Respondents
WITH
37. WRIT PETITION NO.8874 OF 2019
Dhanaji s/o Narayan Bakle,
Age : 45 years, Occupation : Service,
presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada University,
residing presently at N-9, A-115, Shivneri Colony,
CIDCO, Aurangabad - 431 003.
Cell No.9372004574
e-mail ID - [email protected] ... Petitioner
Versus
Basavraj 54/170
792.19-wp+.docx
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor/Registrar. ... Respondents
WITH
38. WRIT PETITION NO.8877 OF 2019
Yogesh s/o Sahebrao Shinde,
Age : 40 years, Occupation : Service,
presently posted as Section Officer in
Dr. Babasaheb Ambedkar Marathwada
University, residing presently at 7'
Jijai, Sanjay Housing Society, Peer Bazar,
Darga Road, Aurangabad - 431 005.
Cell No.9158995999
e-mail ID - [email protected] ... Petitioner
Versus
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad,
through its Vice Chancellor/Registrar. ... Respondents
Basavraj 55/170
792.19-wp+.docx
WITH
39. WRIT PETITION NO.8875 OF 2019
Nandkumar s/o Ramrao Ankush
Age : 56 years, Occupation : Service,
presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, residing presently at
Flat No.C-12, Gat No.229/2,
Rameshwarpuram, Phase III, Honaji Nagar,
Aurangabad - 431 005.
Cell No.------
e-mail ID - ----- ... Petitioner
Versus
1. The State of Maharashtra,
Through the Secretary to the Government,
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai - 400 032.
2. The Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region, Aurangabad,
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad,
through its Vice Chancellor/Registrar. ... Respondents
WITH
40.WRIT PETITION NO. 8878 OF 2019
WITH
CIVIL APPLICATION NO. 1387 OF 2019
IN
WRIT PETITION NO. 8878 OF 2019
Subhash s/o Suryabhan Pawar,
Age : 56 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
Basavraj 56/170
792.19-wp+.docx
University, Residing presently at
Palaskar Nivas, New Pahadsinghpura, ..... Petitioner /
Aurangabad - 431 001. Applicant
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
41. WRIT PETITION NO. 8879 OF 2019
Sachin s/o Ramesh Rapte,
Age : 45 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Flat
No. 5, Yash Apartment, Plot No. 25,
Roshan Housing Society, New Vishal
Nagar, Aurangabad - 431 001.
Cell No. 9923083855
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
Basavraj 57/170
792.19-wp+.docx
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
42. WRIT PETITION NO. 8880 OF 2019
Sadashiv s/o Babulal Tongire,
Age : 57 years, Occupation : Service,
Presently posted as Senior Registrar in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
House No. 5-13-49, Padampura,
Aurangabad - 431 001.
Cell No. 9403978760 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
43. WRIT PETITION NO. 8881 OF 2019
Sanjay s/o Baduji Sathe,
Age : 48 years, Occupation : Service,
Presently posted as Senior Registrar in
Dr. Babasaheb Ambedkar Marathwada
Basavraj 58/170
792.19-wp+.docx
University, Residing presently at
Near Jagdamba Lodge, Mill Corner
Aurangabad - 431 001. ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaehb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
44. WRIT PETITION NO. 8883 OF 2019
Deepak s/o Ramrao Jadhav,
Age : 47 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at 123.
Arihant Nagar, Aurangabad- 431 001. ..... Petitioner
Cell No. 9764961466
email ID [email protected]
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Basavraj 59/170
792.19-wp+.docx
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
45. WRIT PETITION NO. 8884 OF 2019
Sunanda d/o Ravikiran Sarwade,
Age : 41 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
Pradeep Nivas, Khokhadpura,
Aurangabad - 431 001.
Cell No.9923990271
e-mail ID - [email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaehb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
46. WRIT PETITION NO. 8886 OF 2019
Gangadhar s/o Hanmantrao Yepurwar,
Age : 61 years, Occupation : Pensioner,
Residing at Plot No. 24, Jagdamba Niwas,
Mhasoba Galli Surewadi,
Aurangabad - 431 001. ......Petitioner
Basavraj 60/170
792.19-wp+.docx
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
47.WRIT PETITION NO. 8887 OF 2019
Dilip s/o Laxman Jadhav,
Age : 49 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, residing presently at House No.
K/35/11, HUDCO, Aurangabad - 431 005.
Cell No. 7448008730 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
Basavraj 61/170
792.19-wp+.docx
WITH
48. WRIT PETITION NO. 8888 OF 2019
Mohd. Abdul Lateef s/o. Mohd. Yusuf
Age: 61 years, Occ. Pensioner,
Residing at House No.1 - 29 - 15,
Kachiwada, Aurangabad - 431 001 ...Petitioner
Vs.
1 The State of Maharashtra
through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai - 400 032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher Education,
Aurangabad Region, Aurangabad.
4 Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
WITH
49. WRIT PETITION NO. 8889 OF 2019
Arjun s/o Mahadu Khandre,
Age: 49 years, Occ. Service,
Presently posted as Section Officer in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at House
No.1166, Gavalipura, Cantonment,
Aurangabad - 431 005
Cell No. 9764496229
e-Mail ID : ...Petitioner/Applicant
Vs.
1 The State of Maharashtra
through the Secretary to the
Government, Higher and Technical
Basavraj 62/170
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Education Department, Mantralaya
Annexe, Mumbai - 400 032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher Education,
Aurangabad Region, Aurangabad.
4 Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
WITH
50. WRIT PETITION NO. 8890 OF 2019
Niranjan s/o Babasaheb Mane
Age: 49 years, Occ. Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Block
No.13, Padampani Housing Society,
Near Nandanwan Colony,
Aurangabad - 431 001,
Cell No. 9422997392 ...Petitioner
e-Mail ID :
Vs.
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai - 400 032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher Education,
Aurangabad Region, Aurangabad.
4 Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
Basavraj 63/170
792.19-wp+.docx
WITH
51. WRIT PETITION NO. 8930 OF 2019
Prakash s/o Pandurang Akade
Age: 52 years, Occ. Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Plot
No.56, Gat No.146, Alok Nagar, Beed By
Pass Road, Satara Parisar,
Aurangabad - 431 001,
Cell No. 9420241666 ...Petitioner/Applicant
e-Mail ID :
Vs.
1 The State of Maharashtra
through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai - 400 032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher Education,
Aurangabad Region, Aurangabad.
4 Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
WITH
52.WRIT PETITION NO. 8941 OF 2019
Ashok s/o Kishan Vaishnav,
Age : 47 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at
Maliwada, Aurangabad - 431001.
Cell No. 9422528769 ......Petitioner
VERSUS
Basavraj 64/170
792.19-wp+.docx
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
53. WRIT PETITION NO. 8943 OF 2019
Raosaheb s/o Roduba Dudhe,
Age : 38 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Wadod
Khurd, post Wadod Bazar,
Taluka Phulambri, Distirct Aurangabad.
Cell No. 9730104577 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
Basavraj 65/170
792.19-wp+.docx
WITH
54. WRIT PETITION NO. 8945 OF 2019
Appasaheb s/o Narayan Wani,
Age : 51 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Perkar
Niwas, Krushna Galli, Begumpura,
Aurangabad - 431 001.
Cell No. 9623963383 ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
55. WRIT PETITION NO. 8926 OF 2019
Jeevanraj s/o Kundanlal Dongre
Age: 56 years, Occ. Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at House
No. 1 - 5 - 33, Taras Galli, Begampura,
Aurangabad - 431 005,
Cell No. 09421431625
e-Mail ID : ...Petitioner
Vs.
Basavraj 66/170
792.19-wp+.docx
1 The State of Maharashtra
through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai - 400 032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher Education,
Aurangabad Region, Aurangabad.
4 Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
56. WRIT PETITION NO. 1244 OF 2020
1. Sant Gadge Baba Amravati University
Non-Teaching Employees'
Union through its President
Shri Ajay Balwantarao Deshmukh,
bearing Registration No. NGP-3025
having Registered Office at
"Karmachari Bhavan", University
Premises, Amravati,
2. Shri. A.B. Deshmukh,
50 years, S.G. Amravati
University, Amravati.
3. Shri. V.B. Satpute,
54 years, S.G. Amravati
University, Amravati.
4. Shri. P.S. Mandape,
45 years, S.G. Amravati
University, Amravati.
5. Shri. V.N. Kakde,
48 years, S.G. Amravati
University, Amravati.
Basavraj 67/170
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6. Shri. N.B. Khaire,
51 years, S.G. Amravati
University, Amravati.
7. Shri. S.T. Borkar,
56 years, S.G. Amravati
University, Amravati.
8. Shri. M.L. Solanke,
54 years, S.G. Amravati
University, Amravati.
9. Shri. A.B. Sarkate,
54 years, S.G. Amravati
University, Amravati.
10. Shri. S.S. Patil,
55 years, S.G. Amravati
University, Amravati.
11. Shri. D.S. Sarode,
56 years, S.G. Amravati
University, Amravati.
12. Shri. S.P. Mohdarkar,
47 years, S.G. Amravati
University, Amravati.
13. Shri. S.B. Deshmukh,
53 years, S.G. Amravati
University, Amravati.
14. Shri. A.V. Deshpande,
46 years, S.G. Amravati
University, Amravati.
15. Shri. S.V. Angaitkar,
48 years, S.G. Amravati
University, Amravati.
16. Shri. C.B. Dhirbassi,
49 years, S.G. Amravati
University, Amravati.
Basavraj 68/170
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17. Shri. S.N. Kale,
51 years, S.G. Amravati
University, Amravati.
18. Shri. K.S. Chaware,
54 years, S.G. Amravati
University, Amravati.
19. Shri. P.M. Datir,
53 years, S.G. Amravati
University, Amravati.
20. Shri. S.A. Dhakulkar,
50 years, S.G. Amravati
University, Amravati.
21. Shri. N.V. Marodkar,
56 years, S.G. Amravati
University, Amravati.
22. Shri. M.B. Warke,
50 years, S.G. Amravati
University, Amravati.
23. Shri. A.D. Thakre,
56 years, S.G. Amravati
University, Amravati.
24. Shri. R.P. Palekar,
55 years, S.G. Amravati
University, Amravati.
25. Shri. A.B. Bhosale,
48 years, S.G. Amravati
University, Amravati.
26. Shri. R.V. Wadgaonkar,
57 years, S.G. Amravati
University, Amravati.
27. Shri. A.V. Choudhari,
50 years, S.G. Amravati
University, Amravati.
Basavraj 69/170
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28. Sau. R.S. Chapate,
50 years, S.G. Amravati
University, Amravati.
29. Shri. S.R. Deshmukh,
52 years, S.G. Amravati
University, Amravati.
30. Shri. G.G. Vyawahare,
50 years, S.G. Amravati
University, Amravati.
31. Shri. S.B.Badwaik,
50 years, S.G. Amravati
University, Amravati.
32. Shri. U.V.Deshmukh,
54 years, S.G. Amravati
University, Amravati.
33. Shri. G.A.Pahurkar,
52 years, S.G. Amravati
University, Amravati.
34. Shri. M.D.Nimbekar,
54 years, S.G. Amravati
University, Amravati.
35. Shri. L.U.Gahankari,
49 years, S.G. Amravati
University, Amravati.
36. Shri. U.P.Landge,
51 years, S.G. Amravati
University, Amravati.
37. Shri. N.M.Khirwadkar,
53 years, S.G. Amravati
University, Amravati.
38. Shri. V.P.Babhulkar,
47 years, S.G. Amravati
University, Amravati.
Basavraj 70/170
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39. Shri. V.S.Lanjewar,
53 years, S.G. Amravati
University, Amravati.
40. Shri. B.G.Choudhari,
52 years, S.G. Amravati
University, Amravati.
41. Shri. R.G.Deshmukh,
48 years, S.G. Amravati
University, Amravati.
42. Sau. S.K.Khandare,
45 years, S.G. Amravati
University, Amravati.
43. Shri. A.R.Kalbande,
50 years, S.G. Amravati
University, Amravati.
44. Shri. R.S.Chikhalkar,
44 years, S.G. Amravati
University, Amravati.
45. Shri. K.S.Jakhotiya,
55 years, S.G. Amravati
University, Amravati.
46. Shri. P.N.Sadavarte,
54 years, S.G. Amravati
University, Amravati.
47. Shri. S.A.Dhoke,
53 years, S.G. Amravati
University, Amravati.
48. Shri. J.K.Changone,
48 years, S.G. Amravati
University, Amravati.
49. Sau. M.A.Deshmukh,
51 years, S.G. Amravati
University, Amravati.
Basavraj 71/170
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50. Sau. S.A.Mhaisalkar,
50 years, S.G. Amravati
University, Amravati.
51. Sau. A.D.Ganorkar,
50 years, S.G. Amravati
University, Amravati.
52. Shri. V.S.Kale,
52 years, S.G. Amravati
University, Amravati.
53. Shri. A.N.Belurkar,
48 years, S.G. Amravati
University, Amravati.
54. Shri. M.B.Dabre,
51 years, S.G. Amravati
University, Amravati.
55. Shri. M.B.Nikure,
48 years, S.G. Amravati
University, Amravati.
56. Shri. A.K.Sharma,
50 years, S.G. Amravati
University, Amravati.
57. Shri. S.B.Telharkar,
51 years, S.G. Amravati
University, Amravati.
58. Shri. R.D.Hatwar,
53 years, S.G. Amravati
University, Amravati.
59. Shri. N.J.Bhagat,
56 years, S.G. Amravati
University, Amravati.
60. Smt. J.R.Rumne,
52 years, S.G. Amravati
University, Amravati.
Basavraj 72/170
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61. Shri. S.M.Giripunje,
51 years, S.G. Amravati
University, Amravati.
62. Sau. A.B.Khot,
46 years, S.G. Amravati
University, Amravati.
63. Shri. S.R.Huse,
48 years, S.G. Amravati
University, Amravati.
64. Shri. H.W.Thakre,
56 years, S.G. Amravati
University, Amravati.
65. Shri. N.A.Patil,
54 years, S.G. Amravati
University, Amravati.
66. Shri. U.R.Kulkarni,
50 years, S.G. Amravati
University, Amravati.
67. Shri. N.R.Sonone,
50 years, S.G. Amravati
University, Amravati.
68. Shri. M.S.Khan,
55 years, S.G. Amravati
University, Amravati.
69. Shri. N.S.Ganorkar,
49 years, S.G. Amravati
University, Amravati.
70. Shri. M.D.Ingle,
53 years, S.G. Amravati
University, Amravati.
71. Shri. G.M.Makode,
49 years, S.G. Amravati
University, Amravati.
Basavraj 73/170
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72. Shri. N.P.Deshmukh,
50 years, S.G. Amravati
University, Amravati.
73. Shri. R.R.Dubey,
47 years, S.G. Amravati
University, Amravati.
74. Shri. S.G.Mohod,
51 years, S.G. Amravati
University, Amravati.
75. Shri. V.S.Chaware,
50 years, S.G. Amravati
University, Amravati.
76. Shri. A.P.Lohe,
53 years, S.G. Amravati
University, Amravati.
77. Shri. S.R.Wankhade,
50 years, S.G. Amravati
University, Amravati.
78. Shri. H.N.Bawane,
52 years, S.G. Amravati
University, Amravati.
79. Shri. C.D.Khamre,
43 years, S.G. Amravati
University, Amravati.
80. Shri. N.S.Lavhale,
49 years, S.G. Amravati
University, Amravati.
81. Shri. S.H.Tahode,
50 years, S.G. Amravati
University, Amravati.
82. Shri. A.A.Mhaisalkar,
50 years, S.G. Amravati
University, Amravati.
Basavraj 74/170
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83. Shri. P.H.Sekrutwar,
54 years, S.G. Amravati
University, Amravati.
84. Shri. R.B.Pidadi,
57 years, S.G. Amravati
University, Amravati.
85. Shri. R.B.Jawale,
58 years, S.G. Amravati
University, Amravati.
86. Shri. P.R.Gulhane,
53 years, S.G. Amravati
University, Amravati.
87. Shri. S.M.Bansod,
54 years, S.G. Amravati
University, Amravati.
88. Shri. S.P.Vairagade,
47 years, S.G. Amravati
University, Amravati.
89. Sau. A.C.Kirkol,
52 years, S.G. Amravati
University, Amravati.
90. Sau. P.K.Bonde,
47 years, S.G. Amravati
University, Amravati.
91. Sau. R.D. Desli,
47 years, S.G. Amravati
University, Amravati.
92. Sau. P.R. Jadhao,
46 years, S.G. Amravati
University, Amravati.
93. Dr. S.V. Sathe,
53 years, S.G. Amravati
University, Amravati.
Basavraj 75/170
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94. Sau. S.L. Deshpande,
49 years, S.G. Amravati
University, Amravati.
95. Shri. P.M. Nirmal,
48 years, S.G. Amravati
University, Amravati.
96. Smt. M.N. Wakode,
43 years, S.G. Amravati
University, Amravati.
97. Shri. A.M. Mahore,
35 years, S.G. Amravati
University, Amravati.
98. Shri. P.A. Musale,
41 years, S.G. Amravati
University, Amravati.
99. Sau. M.S. Kale,
47 years, S.G. Amravati
University, Amravati.
100. Shri. A.A. Rumale,
57 years, S.G. Amravati
University, Amravati.
101. Shri. S.B. Kharkar,
49 years, S.G. Amravati
University, Amravati.
102. Shri. M.S. Raghuwanshi,
57 years, S.G. Amravati
University, Amravati.
103. Shri. R.N. Maldhure,
56 years, S.G. Amravati
University, Amravati.
104. Shri. S.M. Tayade,
48 years, S.G. Amravati
University, Amravati.
Basavraj 76/170
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105. Shri. J.A. Deshpande,
47 years, S.G. Amravati
University, Amravati.
106. Shri. R.U. Solanke,
53 years, S.G. Amravati
University, Amravati.
107. Shri. N.B. Inchurkar,
46 years, S.G. Amravati
University, Amravati.
108. Shri. P.V. Deshmukh,
50 years, S.G. Amravati
University, Amravati.
109. Shri. V.H. Dabhade,
56 years, S.G. Amravati
University, Amravati.
110. Shri. A.B. Burghate,
50 years, S.G. Amravati
University, Amravati.
111. Shri. S.P. Jawarkar,
55 years, S.G. Amravati
University, Amravati.
112. Shri. B.D. Narkhede,
46 years, S.G. Amravati
University, Amravati.
113. Shri. G.N. Deshmukh,
48 years, S.G. Amravati
University, Amravati.
114. Sau. B.P. Jadhao,
49 years, S.G. Amravati
University, Amravati.
115. Sau. B.U. Belore,
49 years, S.G. Amravati
University, Amravati.
Basavraj 77/170
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116. Shri. S.T. Tarale,
53 years, S.G. Amravati
University, Amravati.
117. Shri. P.A. Bhujade,
55 years, S.G. Amravati
University, Amravati.
118. Sau. M.G. Solanke,
43 years, S.G. Amravati
University, Amravati.
119. Sau. S.S. Ambekar,
47 years, S.G. Amravati
University, Amravati.
120. Shri. P.P. Manware,
55 years, S.G. Amravati
University, Amravati.
121. Shri. V.W. Warade,
56 years, S.G. Amravati
University, Amravatat.
122. Shri. R.P. Pachkawade,
52 years, S.G. Amravati
University, Amravati.
123. Shri. P.R. Kanherkar,
44 years, S.G. Amravati
University, Amravati.
124. Shri. S.N. Revaskar,
47 years, S.G. Amravati
University, Amravati.
125. Shri. S.K. Kandalkar,
53 years, S.G. Amravati
University, Amravati.
126. Shri. G.K. Janwar,,
51 years, S.G. Amravati
University, Amravati.
Basavraj 78/170
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127. Shri. M.D. Deshpande,
49 years, S.G. Amravati
University, Amravati.
128. Shri. P.G. Chambole,
54 years, S.G. Amravati
University, Amravati.
129. Shri. D.V. Joshi,
50 years, S.G. Amravati
University, Amravati.
130. Shri. R.S. Edle,
49 years, S.G. Amravati
University, Amravati.
131. Shri. K.P. Bhore,
51 years, S.G. Amravati
University, Amravati.
132. Shri. S.P. Pundkar,
46 years, S.G. Amravati
University, Amravati.
133. Shri. B.G. Wasnik,
53 years, S.G. Amravati
University, Amravati.
134. Shri. M.K.Chepe,
48 years, S.G. Amravati
University, Amravati.
135. Shri. R.L. Sawai,
45 years, S.G. Amravati
University, Amravati.
136. Shri. S.K. Sakharkar,
52 years, S.G. Amravati
University, Amravati.
137. Shri. M.A. Kavishwar,
53 years, S.G. Amravati
University, Amravati.
Basavraj 79/170
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138. Shri. P.S. Thakre,
55 years, S.G. Amravati
University, Amravati.
139. Shri. S.G. Kokate,
50 years, S.G. Amravati
University, Amravati.
140. Shri. V.R. Patil,
56 years, S.G. Amravati
University, Amravati.
141. Shri. G.B. Bahenkar,
52 years, S.G. Amravati
University, Amravati.
142. Shri.V.R. Tupat,
46 years, S.G. Amravati
University, Amravati.
143. Shri. W.S. Dhaskat,
55 years, S.G. Amravati
University, Amravati.
144. Shri. L.M. Lonarkar,
49 years, S.G. Amravati
University, Amravati.
145. Shri. M.R. Ronghe,
49 years, S.G. Amravati
University, Amravati.
146. Shri. S.P. Wadiwa,
55 years, S.G. Amravati
University, Amravati.
147. Shri. K.N. Chikte,
50 years, S.G. Amravati
University, Amravati.
148. Shri. A.H. Suryawanshi,
50 years, S.G. Amravati
University, Amravati.
Basavraj 80/170
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149. Sau. R.V. Patil,
53 years, S.G. Amravati
University, Amravati.
150. Shri. C.A. Mohod,
53 years, S.G. Amravati
University, Amravati.
151. Shri. M.V. Chilurkar,
50 years, S.G. Amravati
University, Amravati.
152. Sau. A.P. Gawande,
55 years, S.G. Amravati
University, Amravati.
153. Ku. V.M. Gurnule,
54 years, S.G. Amravati
University, Amravati.
154. Sau. A.M. Deshmukh,
48 years, S.G. Amravati
University, Amravati.
155. Sau. M.R. Wankhade,
54 years, S.G. Amravati
University, Amravati.
156. Shri. R.M. Raut,
52 years, S.G. Amravati
University, Amravati.
157. Shri. A.S. Raut,
51 years, S.G. Amravati
University, Amravati.
158. Shri. M.N. Ingle,
43 years, S.G. Amravati
University, Amravati.
159. Shri. M.O. Deshmukh,
50 years, S.G. Amravati
University, Amravati.
Basavraj 81/170
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160. Shri. G.A. Vanaskar,
53 years, S.G. Amravati
University, Amravati.
161. Sau. S.B. Mangrulkar,
51 years, S.G. Amravati
University, Amravati.
162. Sau. M.N. Kurhekar,
49 years, S.G. Amravati
University, Amravati.
163. Shri. Y.B. Kant,
48 years, S.G. Amravati
University, Amravati.
164. Shri. S.S. Gohane,
45 years, S.G. Amravati
University, Amravati.
165. Shri. N.M. Baraskar,
56 years, S.G. Amravati
University, Amravati.
166. Shri. M.W. Shastri,
49 years, S.G. Amravati
University, Amravati.
167. Shri. S.S. Kadam,
47 years, S.G. Amravati
University, Amravati.
168. Shri. K.H. Rathod,
47 years, S.G. Amravati
University, Amravati.
169. Shri. W.N. Chopde,
51 years, S.G. Amravati
University, Amravati.
170. Shri. S.M. Nagpurkar,
51 years, S.G. Amravati
University, Amravati.
Basavraj 82/170
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171. Shri. S.V. Dhore,
54 years, S.G. Amravati
University, Amravati.
172. Shri. V.L. Ital,
54 years, S.G. Amravati
University, Amravati.
173. Shri. D.P. Wankhade,
52 years, S.G. Amravati
University, Amravati.
174. Ku. A.R. Gulhane,
48 years, S.G. Amravati
University, Amravati.
175. Shri. A.L. Patil,
49 years, S.G. Amravati
University, Amravati.
176. Shri. R.F. Thakur,
46 years, S.G. Amravati
University, Amravati.
177. Shri. S.G. Khobragade,
41 years, S.G. Amravati
University, Amravati.
178. Shri. A.D. Kale,
50 years, S.G. Amravati
University, Amravati.
179. Shri. P.B. Thakre,
51 years, S.G. Amravati
University, Amravati.
180. Shri. G.B. Sirsat,
51 years, S.G. Amravati
University, Amravati.
181. Sau. S.S. Thakre,
42 years, S.G. Amravati
University, Amravati.
Basavraj 83/170
792.19-wp+.docx
182. Ku. P.S.Khadse,
47 years, S.G. Amravati
University, Amravati.
183. Ku. V.R. Eklare,
49 years, S.G. Amravati
University, Amravati.
184. Shri. C.M.Gadhave,
46 years, S.G. Amravati
University, Amravati.
185. Shri. V.R. Kosle,
53 years, S.G. Amravati
University, Amravati.
186. Sau. J.R.Khande,
38 years, S.G. Amravati
University, Amravati.
187. Shri. D.K.Joshi,
56 years, S.G. Amravati
University, Amravati.
188. Shri. P.M. Jambhulkar,
54 years, S.G. Amravati
University, Amravati.
189. Shri. A.V.Chavhan,
54 years, S.G. Amravati
University, Amravati.
190. Shri. D.M.More,
54 years, S.G. Amravati
University, Amravati.
191. Shri. S.R.Bhadange,
57 years, S.G. Amravati
University, Amravati.
192. Shri. S.W. Gulhane,
51 years, S.G. Amravati
University, Amravati.
Basavraj 84/170
792.19-wp+.docx
193. Shri. V.K.Marape,
51 years, S.G. Amravati
University, Amravati.
194. Shri. S.M. Mankar,
53 years, S.G. Amravati
University, Amravati.
195. Sau.R.J.Gudadhe,
53 years, S.G. Amravati
University, Amravati.
196. Shri. R.V.Upadhe,
53 years, S.G. Amravati
University, Amravati.
197. Sau.A.M. Kadse,
52 years, S.G. Amravati
University, Amravati.
198. Sau. U.P.Chambhare,
49 years, S.G. Amravati
University, Amravati.
199. Shri.C.N.Lokhande,
45 years, S.G. Amravati
University, Amravati.
200. Shri.C.K. Kadam,
48 years, S.G. Amravati
University, Amravati.
201. Shri. R.P. Pasare,
37 years, S.G. Amravati
University, Amravati.
202. Shri. D.P. Patil,
48 years, S.G. Amravati
University, Amravati.
203. Shri. R.D. Yawalikar,
47 years, S.G. Amravati
University, Amravati.
Basavraj 85/170
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204. Shri. P.B. Bhamburkar,
49 years, S.G. Amravati
University, Amravati.
205. Shri. R.M. Shende,
56 years, S.G. Amravati
University, Amravati.
206. Shri. P.K. Bhisikar,
55 years, S.G. Amravati
University, Amravati.
207. Shri. K.R. Killewale,
26 years, S.G. Amravati
University, Amravati.
208. Shri. S.G. Rode,
45 years, S.G. Amravati
University, Amravati.
209. Shri. N.O. Ghatol,
49 years, S.G. Amravati
University, Amravati.
210. Shri. B.A. Raut,
53 years, S.G. Amravati
University, Amravati.
211. Shri. K.B. Patil,
51 years, S.G. Amravati
University, Amravati.
212. Shri. A.B. Vibhute,
56 years, S.G. Amravati
University, Amravati.
213. Shri. V.B. Baghel,
48 years, S.G. Amravati
University, Amravati.
214. Shri. R.P. Ingole,
53 years, S.G. Amravati
University, Amravati.
Basavraj 86/170
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215. Shri. S.D. Dhole,
51 years, S.G. Amravati
University, Amravati.
216. Shri. G.A. Kawane,
55 years, S.G. Amravati
University, Amravati.
217. Shri. P.S. Chimote,
47 years, S.G. Amravati
University, Amravati.
218. Shri. R.G. Mankar,
47 years, S.G. Amravati
University, Amravati.
219. Shri. M.V. Barbade,
54 years, S.G. Amravati
University, Amravati.
220. Shri. P.T. Balpande,
57 years, S.G. Amravati
University, Amravati.
221. Shri. J.S. Wadatkar,
46 years, S.G. Amravati
University, Amravati.
222. Shri. C.C. Dhandar,
48 years, S.G. Amravati
University, Amravati.
223. Shri. M.N. Diwekar,
56 years, S.G. Amravati
University, Amravati.
224. Shri. K.J. Chavhan,
56 years, S.G. Amravati
University, Amravati.
225. Shri. J.S. Uike,
49 years, S.G. Amravati
University, Amravati.
Basavraj 87/170
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226. Shri. V.S. Ingle,
57 years, S.G. Amravati
University, Amravati.
227. Shri. P.P.Wagare,
58 years, S.G. Amravati
University, Amravati.
228. Shri. K.E. Raut,
49 years, S.G. Amravati
University, Amravati.
229. Shri. S.C. Chuke,
48 years, S.G. Amravati
University, Amravati.
230. Shri. R.M. Dandel,
49 years, S.G. Amravati
University, Amravati.
231. Shri. R.U. Baorkar,
54 years, S.G. Amravati
University, Amravati.
232. Shri. A.S. Kshar,
51 years, S.G. Amravati
University, Amravati.
233. Shri. M.T. Dolas,
57 years, S.G. Amravati
University, Amravati
234. Shri. S.M. Bokade,
51 years, S.G. Amravati
University, Amravati.
235. Shri. R.M. Jadhav,
47 years, S.G. Amravati
University, Amravati.
236. Shri. R.M. Kokate,
53 years, S.G. Amravati
University, Amravati.
Basavraj 88/170
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237. Shri. G.V. Panchvate,
51 years, S.G. Amravati
University, Amravati.
238. Shri. A.K. Dudhe,
52 years, S.G. Amravati
University, Amravati.
239. Shri. P.R. Alatkar,
49 years, S.G. Amravati
University, Amravati.
240. Shri. M.P. Borkar,
29 years, S.G. Amravati
University, Amravati.
241. Sau. K.L. Bais,
54 years, S.G. Amravati
University, Amravati.
242. Shri. D.M. Kale,
54 years, S.G. Amravati
University, Amravati.
243. Shri. S.U. Damle,
45 years, S.G. Amravati
University, Amravati.
244. Shri. P.R. Kothar,
53 years, S.G. Amravati
University, Amravati.
245. Shri. S.M. Keche,
56 years, S.G. Amravati
University, Amravati.
246. Shri. G.B. Warade,
50 years, S.G. Amravati
University, Amravati.
247. Shri. N.A. Koli,
50 years, S.G. Amravati
University, Amravati.
Basavraj 89/170
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248. Shri. P.M. Ingole,
50 years, S.G. Amravati
University, Amravati.
249. Shri. S.D. Maldhure,
49 years, S.G. Amravati
University, Amravati.
250. Shri. P.R. Shinde,
51 years, S.G. Amravati
University, Amravati.
251. Shri. R.D. Thakre,
54 years, S.G. Amravati
University, Amravati.
252. Shri. S.R. Sonkamble,
44 years, S.G. Amravati
University, Amravati.
253. Dr. S.M. Thorat,
38 years, S.G. Amravati
University, Amravati.
254. Shri.K.P. Patokar,
38 years, S.G. Amravati
University, Amravati.
255. Sau. A.R. Mendhe,
57 years, S.G. Amravati
University, Amravati.
256. Shri. M.P. Meshram,
47 years, S.G. Amravati
University, Amravati.
257. Shri. M.H. Deshmukh,
58 years, S.G. Amravati
University, Amravati.
258. Shri. S.U. Balapure,
35 years, S.G. Amravati
University, Amravati.
Basavraj 90/170
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259. Shri. P.G. Thakur,
34 years, S.G. Amravati
University, Amravati.
260. Shri. B.R. Thakur,
48 years, S.G. Amravati
University, Amravati.
261. Shri. A.S. Choudhari,
48 years, S.G. Amravati
University, Amravati.
262. Shri. M.M. Jayale,
42 years, S.G. Amravati
University, Amravati.
263. Shri. P.S. Rajgure
58 years, 205, Prathamesh
Apartment, Durga Vihar,
Dasara Maidan Road,
Near Biyani Science College
Amravati 444 605
264. Shri. A.D. Hire,
59 years, Kewal Colony,
Shegaon Rahatgaon Road,
Amravati 444 604
265. Shri. D.M. Bhandare,
59 years, Near Rangoli Lawn,
Tirupati Nagar, Kathora Road,
Amravati 444 604
266. Shri. C.N. Tagade,
60 years, Lokmata Indira Gandhi Nagar,
Vyankayya Pura, Camp Road,
Amravati 444 602
267. Shri. I.U. Bhujade,
58 years, Keshar Colony,
Near Suraksha Colony,
Tapovan, Camp,
Amravati 444 602
Basavraj 91/170
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268. Shri. C.B. Atram,
63 years, Plot No. 6,
Yogiraj Nagar, Tapovan parisar,
Amravati 444 602
269. Shri. R.F. Jagtap,
62 years, Plot No. 71,
New Colony,
Near Dastur Nagar,
Amravati 444 603
270. Shri. T.T. Kaswekar,
62 years, Plot No. 51,
Aditya Lay Out, Sanket Colony,
Near Tapovan Gate, Camp,
Amravati 444 602
271. Shri. D.V. Ghube,
58 years, At. Po. Deulgaon Ghube,
Tal. Chikhali,
Dist Buldhana 443 201
272. Shri. A.U. Fiske,
61 years, Near Indrapuri School,
Ravi Nagar,
Amravati 444 605
273. Shri. J.M. Sawarkar,
62 years, In Front of Mandavkar's House,
Near Garden, Narayan Nagar,
Amravati 444 606
274. Shri. Y.K. Bayaskar,
62 years, Daroga Chawl,
Namuna Galli No. 5,
Amravati 444 601
275. Sau. A.D. Bokey,
63 years, C/o. Indrashesh Mandir,
Waradi Camp,
Amravati 444 604
276. Shri. V.N. Thakur,
58 years, 19, Shri. Sawale's House,
Basavraj 92/170
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Near Nageshwar Mandir,
Kolhatkar Colony,
Amravati 444 605
277. Shri. P.R. Dhoke,
58 years, Lumbini Colony,
Near Tapovan,
Amravati 444 602
278. Shri. P.S. Surkar,
58 years, Bhoi Pura,
At. Po. Nandgaon Peth,
Ta. Dist, Amravati 444 901
279. Shri. G.H. Bhagat,
63 years, Vrundavan Colony,
Camp, Amravati 444 602
280. Shri. K.J. Bhagat,
63 years, Plot No. 52,
Sanket Colony, Near Tapovan Gate,
Vidyapeeth Road,
Amravati 444 602
281. Shri. R.S. Deshmukh,
58 years, Sahajanand Nagar,
Near Nimbekar's House,
Morshi Road,
Amravati 444 603
282. Shri K.T. Akolkar,
63 years, Shrimangal Colony,
Near Ajinkya Colony,
V.M.V. Road,
Amravati 444 604
283. Shri R.L. Haldikar,
59 years, Behind Kailash Hotel,
Ganpati Nagar, M.I.D.C.,
Bye Pass Road,
Amravati 444 606
284. Shri S.S. Zalke,
62 years, House No. 872,
Basavraj 93/170
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Gajanan Township No. 4,
Kathora Road,
Amravati 444 701
285. Shri U.N. Kamble,
59 Years, Amba Vihar,
Near Maheshwari Mandir
Amravati 444 605
286. Shri. S.R. Morshe,
61 years, Durwankur,
18-B, Ashok Colony,
Near Power House,
Morshi Road,
Amaravati 444 603
287. Shri P.M. Yadgire,
59 years, Maa Ambika Residency,
Behind Balaji Mangal Karyalaya,
Old Bye-Pass, M.I.D.C,
Amravati 444 606
288. Shri. C.W. Kulkarni,
58 years, Jayant Colony,
Dastur Nagar,
Amravati 444 606
289. Shri. M.M. Punse,
61 years, Vidyapeeth Colony,
Dastur Nagar,
Amravati 444 606
290. Shri. Najimuddin Hakimuddin,
53 years, c/o. Hakimi Hardware,
Moraraji Chow, Old City,
Murtizapur, Dist. Akola.
291. Shri. A.B. Bokey,
61 years, 7/A, Pundlik baba colony,
Behind Amar Colony,
Mini Bye-Pass Road,
Amravati. 444 606
Basavraj 94/170
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292. Smt. S.R. Raghuwanshi.
68 years, Shikshak Colony,
Near L.I.C. Colony,
Amravati. 444 606
293. Shri A.P. Bonde,
55 years, Arjun Nagar,
Morshi Road,
Amravati
294. Shri M.N. Latif,
66 years, Vyakkayya Pura,
Near Uttam Lawn,
Paradise School Road, camp
Amravati 444 002
295. Shri. D.D. Patil,
59 years, Kshitij, Near
Ramabai Ambedkar School,
Shyam Nagar,
Amravati 444 606
296. Shri M.R. Jamathe,
62 years, Keval Colony,
Shegaon Road,
Amravati.
297. Late.Ab. Taslim Ab.Rashid,
Through Smt. Shahista
Parvin Ab.Taslim,
46 years, Vrundavan Colony
Vidyapeeth Road, Camp,
Amravati 444 602
298. Late B.K. Bhaware,
Through Smt. Shivkanta
B. Bhaware,
56 years, 842, Gajanan Township,
Pote Estate, Kathora Road,
Amravati
299. Late G.B. Netkar,
Through Smt. Vandana
G. Netkar,
Basavraj 95/170
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57 years, laxmi Nagar,
Behind New Cotton Market,
Amravati 444 604
300. Late D.B. Roy,
Through Smt. Asha D. Roy,
55 years, c/o. Saroj
Jawalkar, Vidharbha Primier
Society, Bye-Pass Road,
Amravati 444 606
301. Late S.S. Raibole,
Through Smt. Nirmala
S. Raibole,
Natthu Teli Chawl,
Chaprasi Pura, Camp,
Amravati.
302. Late P.N. Deshmukh,
Through Smt. Lata
P. Deshmukh,
61 years, Plot No. 27,
New Colony, Near Gawade
Floor Mill, Dastur Nagar,
Amravati 444 606
303. Late V.M. Kohale,
Through Smt. Manisha V. Kohale
54 years, Behind Rathi Hostel,
Namdev Mandir Road,
Gadge Nagar,
Amravati 444 603
304. Late R.S. Killewale,
Through Smt. Mamata R. Killewale,
Azad Chowk, Behind Primary
School No. 14, Wadali Camp,
Amravati 444 602
305. Late N.U. Shivankar,
Through Smt. Mira N. Shivshankar,
51 years, 26-B,
Sitaram Baba Colony,
Ekvira Nagar, Near Icchapurti
Ganesh Mandir, Gudarshan Building,
Basavraj 96/170
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Amravati 444 607
306. Late V.A. Kandalkar,
Through Smt. Pushpa. V. Kandalkar,
57 years, House No. 54,
Vrundawan Colony, Behind
Commissioner Office camp,
Amravati 444 602 ... Petitioners
VERSUS
1. State of Maharashtra,
Through its secretary,
Department of Higher and Technical
Education, Mumbai - 444032
2. The Director of Higher Education,
Maharashtra State, Pune.
3. Joint Director, Department of Higher
Education, Amravati Region,
Amravati.
4. Sant Gadgebaba Amravati University
through its Registrar, Office at:
University Campus,
Near Topavan Gate,
Amravati -444602
5. State of Maharashtra,
through its Secretary,
Department of Finance,
Mumbai- 44032 ...Respondents
WITH
57. WRIT PETITION NO. 8944 OF 2019
Savita d/o Bhujangrao Kadam,
Age : 40 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
University, Residing presently at Plot
No. 55, Galli No. 11, Pundliknagar,
Basavraj 97/170
792.19-wp+.docx
Garkheda Area, Aurangabad - 431 005.
Cell No. 09175121244
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
3. The Joint Director, Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
WITH
58. WRIT PETITION NO. 8859 OF 2019
Narendra s/o Chandrakant Modi,
Age : 42 years, Occupation : Service,
Presently posted as Senior Assistant in
Dr. Babasaheb Ambedkar Marathwada
0University, Residing presently at
Opp. Nath Mandir, Beside Aurangapura
Policy Choky, Aurangabad- 431 001
Cell No. 9421431575
E-mail ID:[email protected] ......Petitioner
VERSUS
1. The State of Maharashtra
Through the Secretary to the Government
Higher and Technical Education Department,
Mantralaya Annexe, Mumbai-400 032.
2. The Director of Higher Education
Maharashtra State, Pune.
Basavraj 98/170
792.19-wp+.docx
3. The Joint Director of Higher Education,
Aurangabad Region Aurangabad.
4. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ......Respondents
59. WRIT PETITION (ST) NO. 24229 OF 2019
WITH
INTERIM APPLICATION NO.15 OF 2023
IN
WRIT PETITION (ST) NO. 24229 OF 2019
1 Dhame Sampat Kondiba
Age - Adult years
2 Bhosale Surendra Laxman,
Age - Adult years
3 Shingate Narendra Falgunrao,
Age - Adult years
4 Surve Vasant Rajaram,
Age - Adult years
5 Pawar Dileep Babanrao
Age - Adult years
6 Bhosale Pradip Dagdoba
Age - Adult years
7 Chaure Balu Dattoba
Age - Adult years
8 Kamble Navanath Shnakar
Age - Adult years
9 Vachakal Dilip Raghoba
Age - Adult years
c/o. Dhame Sampat Kondiba,
residing at Near Harshada
Enclave Building, 7/1/43,
Samtanagar, New Sangvi, Pune
..... Petitioners
City.
Versus
1 State of Maharashtra
Secretary, Higher and Technical
Eduation Department,
Mantralaya, Mumbai - 400032
Basavraj 99/170
792.19-wp+.docx
2 Director of Higher Education,
Maharashtra State, Central
Building, Pune
3 The Joint Director of Higher
Education, Pune Region, Pune
4 Savitribai Phule Pune University
Through the Registrar, Having
office at Ganeshkhind,
Pune - 411007 ..... Respondents
WITH
60. WRIT PETITION NO. 8865 OF 2019
Vijayanand s/o. Giridharrao
Darbastwar, Age: 43 years,
Occupation : Service,
presently posted as Senior Assistant
in Dr. Babasaheb Ambedkar
Marathwada University, residing
presently at R-9, University Green
Qwater, Dr. B.A.M. University,
Aurangabad - 431 001.
Cell No. ...Petitioner
e-mail ID
VERSUS
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
Basavraj 100/170
792.19-wp+.docx
WITH
61. WRIT PETITION NO. 8864 OF 2019
Anil s/o. Turakram Khamgaonkar,
Age: 50 years, Occupation : Service
presently posted as Senior Assistant
in Dr. Babasaheb Ambedkar
Marathwada University, residing
presently at P-3, 15/5, Surshoba
Housing Society, N-8, CIDCO,
Aurangabad
Cell No.
e-mail ID ...Petitioner
VERSUS
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
WITH
62. WRIT PETITION NO. 8863 OF 2019
Mir Mushtaq Ali s/o. Mir Shaukat Ali,
Age: 49 years, Occupation : Service
presently posted as Assistant
Superintendent in Dr. Babasaheb
Ambedkar Marathwada University,
residing presently at 656,
Pensionpura, Cantonment,
Aurangabad - 431005
Cell No. 9422655012
e-mail ID - [email protected] ...Petitioner
Basavraj 101/170
792.19-wp+.docx
VERSUS
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
WITH
63. WRIT PETITION NO. 8849 OF 2019
Anil s/o. Mukundrao Jadhav,
Age: 49 years, Occupation : Service
presently posted as Senior Assistant
in Dr. Babasaheb Ambedkar
Marathwada University, residing
presently at S.B. Colony (East), Near
Janta Bazar, Aurangabad -431005
Cell No. 8329227438, 9096691382
e-mail ID ...Petitioner
VERSUS
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
Basavraj 102/170
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4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar. ...Respondents
WITH
64. WRIT PETITION NO. 8848 OF 2019
Shakeel Ahmed s/o. Mohd. Haneef
Rampure,
Age: 45 years, Occupation: Service,
Presently posted as Senior Assistant
in Dr.Babasaheb Ambedkar
Marathwada University, Residing
presently at House No.8-10-124/P,
Galli No.4, Mujeeb Colony, Near
Katkat Gate, Aurangabad - 431 001. ...Petitioner
Cell No. 8857949409
e-mail ID -
[email protected]
Versus
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar.
...Respondents
Basavraj 103/170
792.19-wp+.docx
WITH
65. WRIT PETITION NO. 8861 OF 2019
Namdeo s/o. Gangaram Gaikwad
Age: 57 years, Occupation: Service,
Presently posted as Senior Assistant
in Dr.Babasaheb Ambedkar
Marathwada University, Residing
presently at Plot No.14, Vasundhara
Colony, Near Akanksha Apartment,
Nandanvan Colony,
Aurangabad - 431 001. ...Petitioner
Cell No. 9860929722
e-mail ID -
Versus
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar.
...Respondents
WITH
66. WRIT PETITION NO. 8862 OF 2019
Arvind s/o. Raghunathrao Helwade,
Age: 51 years, Occupation: Service,
Presently posted as Senior Assistant
in Dr.Babasaheb Ambedkar
Marathwada University, Residing
presently at post Pathri, Taluka
Basavraj 104/170
792.19-wp+.docx
Sillod, District Aurangabad
Cell No.
e-mail ID - ...Petitioner
Versus
1 The State of Maharashtra,
Through the Secretary to the
Government, Higher and Technical
Education Department, Mantralaya
Annexe, Mumbai-400032.
2 The Director of Higher Education,
Maharashtra State, Pune.
3 The Joint Director of Higher
Education, Aurangabad Region,
Aurangabad.
4 Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad, through its
Vice Chancellor / Registrar.
...Respondents
Ms. Meelan S. Topkar a/w. Pavitra Manesh for the Petitioner in Writ
Petition No.792/2019, 8008/2018, 8013/2018
Mr. Anil Anturkar, Senior Advocate a/w. Mr. Vaibhav Kulkarni a/w.
Mr.Harshvardhan Suryawanshi I/b. Mr. Prathamesh Bhargude for
the Petitioner in PIL (ST) No.5919/2019
Mr. Mihir Desai, Senior Advocate I/b. Mr. Sariputta Sarnath for the
Petitioner in Writ Petition No.793/2019 and Writ Petition (ST)
No.24229/2019
Mr. Anish Khandekar for the Petitioner in Writ Petition
No.1244/2020, for Respondent No.6 in Writ Petition No.792/2019
Mr. B. B. Lakhakar for the Petitioner in Writ Petition No.8845/2019
Mr. A. A. Kumbhakoni, Advocate General a/w. Mr. P. P. Kakade, GP
a/w. Mr. manoj Badgujar, "A" Panel Counsel a/w. Mr. V. M. Mali, AGP
for the State
Basavraj 105/170
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Mr. Ram Apte, Senior Advocate I/b. Mr. Rajendra Anbhule for
Respondent No.4 in PIL (ST) No.5919/2019, Writ Petition
No.793/2019 and Respondent No.6 in Writ Petition No.1376/2019
Ms. Riddhi Natekar h/f. Mr. Yuvraj Narvankar for Respondent No.6
in Writ Petition No.792/2019 and Respondent No.4 in Writ Petition
Nos.8008/2018 and 8013/2018 (Shivaji University)
Mr. Shashank Shubham h/f. Ashwin Sakolkar for Petitioner in Writ
Petition No.8842/2019
Mr. Girish Godbole a/w. Mr. Anilkumar Patil and Rohan Kaiche for
the Petitioner in Writ Petition No.1376/2019
Mr. A. A. Naik a/w. Mr. Rahul Kalengiwale and Mr.Anish Khandekar
for the Petitioner in Writ Petition No.1244/2020
Mr. Lalit Kumar S. Mahajan for the Petitioner in Writ Petition
No.8847/2019
Mr. Amol Kakade for the Petitioner in Writ Petition No.8843/2019
and Writ Petition No.8846/2019
Mr. Ravindra Ade for the Petitioner in Writ Petition No.8844/2019
Mr. Hemant Surve for Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad.
CORAM: S.V.GANGAPURWALA, ACJ &
R.N.LADDHA, J.
RESERVED ON : OCTOBER 20, 2022
PRONOUNCED ON : JANUARY 31, 2023
JUDGMENT - (PER : ACTING CHIEF JUSTICE)
1 Government Resolution dated 17th December 2018 is issued by
the Higher and Technical Education Department, Mantralaya,
Mumbai directing the constitution of a Committee comprising of
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Deputy Director, Accounts and Audit Services, Assistant Director,
Auditor and two other Officers to investigate and report to the State
Government with regard to ;
(i) the post whose nomenclature has been changed with
consequent change in pay scales, should be brought back to the
pay scale as per Notification dated 7th October 2009;
(ii) the excess amount paid to such employees whose pay
scales have been changed due to change in the nomenclature,
be recovered;
(iii) refixation of pension of such employees who have retired
after getting the benefit of the Government Resolution dated
24th February 20211;
(iv) excess payment to such employees be recovered from the
arrears payable to the retired employees as per the 7th Pay
Commission
2 Under the said Government Resolution dated 17 th December
2018 the State Government cancelled Government Resolutions
dated 2nd November 2010, 18th February 2011, 3rd November 2012,
7th February 2011, 24th February 2011, 26th October 2010, 22nd
November 2011 and 15th February 2012 issued by the Higher and
Technical Department, Mumbai.
3 In Public Interest Litigation (PIL) No.5919 of 2019, the
Petitioner therein seeks implementation of Government Resolution
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dated 17th December 2018 under supervision of this Court and the
Government Authorities. It further seeks directions against the
State to conduct inquiry as per the circumstances under which the
Government Resolutions have been issued with consent of the
Cabinet and approval of the Finance Department. It further seeks
directions to redetermine the pay scales which have been revised by
the impugned Government Resolution and further seeks recovery of
the amount paid in excess by the State Government. It further seeks
direction to implement the 7th Pay Scale on the basis of the original
pay scale that was sanctioned in the meeting held in Mantralaya on
16th April 2009 and original nomenclature sanctioned by each
University.
4 Various Writ Petitions are filed to assail the Government
Resolution dated 17th December 2018. As all these Writ Petitions are
based on common set of facts and involve common question of law, to
avoid rigmarole, are decided by common judgment. The PIL also
being based on same facts is being decided along with these Writ
Petitions. The Writ Petitions were filed at the principal seat and the
benches at Aurangabad and Nagpur. By an administrative order of
the Hon'ble The Chief Justice, the same are clubbed together.
5 It appears that Government Resolution dated 6 th July 2009
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was issued for fixing staffing pattern in respect of the 9 Universities
in the State of Maharashtra. It was instructed in the said
Government Resolution that the University should submit their post-
wise proposals as per the sanctioned new staffing pattern so that the
post-wise order could be issued. The Universities were also
instructed to fill up the vacant posts only after the Government
Resolution is issued. It is not disputed that the Government
Resolution dated 6th July 2009 is issued with the concurrence of the
Finance Department. However, the UOR number mentioned was
incorrect i.e. the same was mentioned 270 of 2009. Same, according
to the State, ought to be UOR No.265 of 2009.
6 Pursuant to the Government Resolution dated 6 th July 2009,
the Universities submitted the detailed proposals of the staffing
pattern for getting sanction. The proposals were also submitted by
the Universities viz. Savitribai Phule, Pune University, Pune,
Dr.Babasaheb Ambedkar Marathwada University, Aurangabad,
Shivaji University, Kolhapur, Kaviyatri Bahinabai Chaudhari, North
Maharashtra University, Jalgaon, Sant Gadgebaba Amravati
University, Amravati and Gondwana University, Gadchiroli.
7 Upon Government Resolution dated 6th July 2009, Savitribai
Phule University, Pune submitted its proposal for sanctioning
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staffing pattern on 11th July 2009 and B.R.Ambedkar Marathwada
University, Aurangabad submitted its proposal on 29 th July 2009. In
respect of Savitribai Phule University, Government Resolution dated
27th August 2009 was issued thereby declaring / showing post-wise
staffing pattern and the pay scale. Similar Government Resolution is
issued on 5th September 2009 in respect of non teaching staff of
Amravati University. Government Resolution dated 17 th September
2009 is issued for Dr.B.R.Ambedkar Marathwada University,
Aurangabad. On 4th December 2009 the Government Resolution is
issued granting post-wise staffing pattern in respect of Bahinabai
Chaudhary North Maharashtra University. Similar Government
Resolution dated 13th October 2010 is issued granting post-wise
staffing pattern for Shivaji University, Kolhapur.
8 Under Notification dated 7th October 2009, 6th pay commission
applicable for all Universities in the State of Maharashtra was
published by Higher and Technical Education Department,
Mantralaya, Mumbai. Post wise revised pay scale was fixed under
Notification dated 7th October 2009 and post wise-schedule was also
declared / published along with the said resolution.
9 It appears that after issuance of Government Resolution dated
7th October 2009 declaring / implementing 6th Pay commission and
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defining post wise pay scales for all non agricultural universities in
the State of Maharashtra, six Universities submitted proposals with
the State Government for change of nomenclature of some of the
posts (name of the post). The proposals received by the Government
from various Universities are as under:
i. Savitribai Phule University, Pune dated 26.08.2012 (IInd
Proposal)
ii. Aurangabad University dated 10.03.2011 (IInd Proposal)
iii. Jalgaon University dated 06.10.2010.
iv. Shivaji University, Kolhapur dated 18.02.2011
v. Gondwana University Gadchiroli dated 14.12.2011
vi. Sant Gadgebaba Amravati University, Amravati dated
19.10.2011.
10 In respect of the aforesaid Universities, the Higher and
Technical Education Department by Government Resolutions dated
26th October 2010, 2nd November 2010, 18th February 2011, 24th
February 2011, 7th April 2011, 16th May 2011, 22nd September 2011,
15th February 2012, 3rd November 2012 declared the nomenclature
(new name of post). It appears that since there was difference in
pay scale of non teaching employees of the aforesaid six Universities
and other Universities, representation was also made by the other
Universities for changing the nomenclature of their post. The Higher
and Technical Education Department recommended to accept the
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pay scales of the non teaching staffs of these six non agricultural
Universities. Pursuant thereto, the impugned Government
Resolution dated 17th December 2018 is passed.
11 We have heard Mr.Anturkar, learned Senior Advocate for the
Petitioner in PIL (ST) No.5919/2019, Mr. Mihir Desai, learned
Senior Advocate for the Petitioner in Writ Petition No.793/2019 and
Writ Petition (ST) No.24229/2019, Mr. Ram Apte, Senior Advocate
for Respondent No.4 in PIL (ST) No.5919/2019, Writ Petition
No.793/2019 and for Respondent No.6 in Writ Petition
No.1376/2019, Mr. Godbole, learned Advocate for the Petitioner in
Writ Petition No.1376/2019, Mr. Topkar for the Petitioner in Writ
Petition Nos.792/2019, 8008/2018, 8013/2018, Ms. Riddhi Natekar
for Respondent No.6 in Writ Petition No.792/2019 and Respondent
No.4 in Writ Petition No.8008/2018 and 8013/2018 - Shivaji
University, Mr. Anish Khandekar for the Petitioner in Writ Petition
No.1244/2020 and for Respondent No.6 in Writ Petition
No.792/2019 and Mr.Ashutosh A. Kumbhakoni, learned Advocate
General for the State. So also, Mr. Shashank Shubham, Mr. A. A.
Naik, Mr. Lalit Kumar S. Mahajan, Mr. Amol Kakade, Mr. Ravindra
Ade and Mr. B. B. Latkar, the learned Counsel for the Petitioners in
respective Writ Petitions.
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12 Mr.Godbole, learned Advocate submits that the Savitribai
Phule University, Pune has submitted the proposal dated 25 th
October 2010. He submits that the Maharashtra Non Agricultural
Universities and Affiliated Colleges Standard Code (Revised Pay
Scales to non teaching Staffs) Rules 2009 were notified. This was
done on account of different universities having different pay scales
for similarly placed employees. It is submitted that despite
acceptance of the proposal of the Respondent Pune University and
despite notification of the 2009 Rules, due to restrictions imposed by
the Finance Department, the Pune University was unable to fill-up
the posts of Group-C and Group-D employees. On account of the
same, Respondent No.6 University sent a proposal dated 25 th
October 2010 to the Chief Secretary, Government of Maharashtra,
Higher and Technical Education. It was proposed that since filling of
posts of Group-C and Group-D was not being permitted, the
nomenclature of the existing sanctioned posts could be changed so
that the employees can take up additional responsibilities. This
change can be occasioned without changing the number of
sanctioned posts. The proposal dated 25 th October 2010 of Pune
University was sanctioned under the Government Resolution dated
2nd November 2010. On 8th February 2011 once again the Pune
University submitted a proposal for change in nomenclature of staff
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(post). The same was sanctioned under Government Resolution
dated 18th February 2011. Thereafter again on 28 th August 2012 the
Pune University submitted proposal for change in nomenclature of
staff. The same was sanctioned under Government Resolution dated
3rd November 2012. In view of the change of nomenclature and in
accordance with the proposal of the Pune University which was
accepted and sanctioned by the State Authorities, the Petitioners
began to shoulder additional responsibilities as per the revised
nomenclature and staffing pattern.
13 The State of Maharashtra, abruptly, on 17 th December 2018
published the impugned Government Resolution thereby repealing
Government Resolutions dated 2nd November 2010, 18th February
2011 and 3rd November 2012 under which the proposal of
Respondent No.6 University to change the nomenclature and assign
additional duties to the existing staff was accepted. The effect of
these three Government Resolutions was sought to be recalled. The
amount paid to the Petitioners and other employees were sought to
be recovered. On 1st January 2019, the Government Resolution was
issued and in-principle approval was granted to 7 th Pay Commission
Recommendation. In the said Government Resolution also excess
payment was directed to be recovered from the employees, existing
and retired. On the basis of the impugned Government Resolution,
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the Pune University issued circular on 9 th January 2019 by virtue of
which the employees of Pune University including the Petitioners
were informed that the revised salary would be paid as per the
Government Resolution dated 7th October 2009.
The learned Advocate submits that no show cause notice or
opportunity of being heard was provided to the Petitioners and the
employees, before issuing the impugned Government Resolution.
The recovery of amount paid to the employees is penal in nature.
The Government Resolutions dated 2 nd November 2010, 18th
February 2011 and 3rd November 2012 were passed and issued after
due consultation with the necessary stake holders including the
Finance Department.
Mr.Godbole, the learned Counsel submits that on 10th
September 2001, the Finance Department of the Government of
Maharashtra issued Government Resolution regarding creation of
posts, recruitment and revival of lapsed posts etc. Clause 2 of the
said Government Resolution provides that except in cases where
there is a specific approval by the Council of Ministers, there will be
restriction for creation of new posts. Clause 2.3 provides for
creation of new posts, initial approval of Planning Department
followed by approval of Finance Department should be taken in
respect of the posts under specific schemes. The said clause is not
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applicable for the post of University employees. Clause 2.4 provides
that concurrence of Finance Department shall be obtained and
thereafter proposal shall be placed before the High Power
Committee. Clause 2.6 provides that once proposal is accepted by
the High Power committee, it will not be necessary to obtain
approval of the Ministry unless the scale of the post is having a pay
scale of Rs.12,000-16,500 and above. Clause 6 provides that for the
purpose of taking review of staffing pattern, the Council of Ministers
has authorised High Power Committee to take decision. It is further
submitted that on 1st July 2004, the Higher and Technical Education
Department issued Government Resolution granting permission to
fill up 90% posts of Backward Category and 50% open category. On
3rd December 2008 Nagpur Bench of this Court issued directions in
Suo Motu Writ Petition No.2216 of 2007 to finalize staffing pattern of
the Universities in the State. On 6 th April 2009, the Aurangabad
Bench of this Court issued similar directions in Writ Petition
No.8067/2006.
14 In view of these directions and with a view to meet all
problems of deficit staff in Universities, the staffing pattern of all non
agricultural universities was fixed by issuing Government
Resolution by Higher and Technical Education Department. The said
Government Resolution refers to the staffing pattern being approved
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by the High Power Committee constituted under Government
Resolution dated 10th September 2001. Clause 8 of the said
Government Resolution specifically refers that it has been issued
pursuant to the concurrence of the Finance Department and the
approval of the High Power Committee.
15 The schedule of Government Resolution dated 6 th July 2009
contains list of nine universities. In Shivaji University, the
Government had also approved 861 posts which were reduced to
644 posts. The Rules 2009 is a subordinate piece of legislation and
has been issued with the concurrence of the Finance Department.
These Rules are made applicable from 1 st January 2006. The list of
existing pay scales is given in Annexure-I of the said Rules.
Explanation 2 is relevant and states that non teaching staff of
Universities, considering the prescribed educational qualification,
duties and responsibilities in some cadres, though the nomenclature
is different, they have been clubbed in column No.2 of the Schedule
and after fixing the pay according to the present grade in column
No.3, the revised pay band and grade pay shown in column No.4 and
5 should be applicable.
16 The Shivaji University on 27th September 2010 sent a proposal
for increasing the post from 644 to 748. Under Government
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Resolution dated 13th October 2010, the Higher and Technical
Education Department issued Government Resolution regarding
sanction for creation of 644 posts in Shivaji University and the pay
scales for the same. These posts were approved under Government
Resolution dated 6th July 2009. On 18th February 2011, Shivaji
University submitted proposal for modification of Government
Resolution dated 13th October 2010 seeking approval of the
Government for the posts by substitution of Annexure-A of
Government Resolution dated 13th October 2010 with Annexure-A of
the proposal dated 18th February 2011 without any increase in the
number of posts. The letter specifically indicates that the post of
Library Assistant, Junior Clerk, Gardner and Sweeper which are
presently existing in the University, have not been included in the
staffing pattern under Government Resolution dated 13 th October
2010 by oversight. The Higher and Technical Education Department
issued Government Resolution pursuant to the aforesaid proposal of
Shivaji University dated 24th November 2011 and sanctioned the
staffing pattern substituting the staffing pattern indicated in the
Government Resolution dated 13th October 2010 with change in the
nomenclature and designation as indicated in Annexure-B.
According to the learned Counsel, no illegality has been committed.
The learned Counsel submits that even otherwise it is not the case of
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the fraud played by the employees. The University had followed the
proper procedure and forwarded the proposal which was approved.
It was not the case of creation of new posts. The learned Counsel, in
the alternate submits that the recovery cannot be claimed for the
amount paid in excess due to wrong pay fixation. Reliance is placed
on the apex court judgment in the case of State of Punjab & Ors. v.
Rafiq Masih (White Washer) & Ors. 1 and Thomas Daniel v.
State of Kerala & Ors. 2.
17 Mr.Apte, the learned Senior Advocate submits that in view of
the increase in the number of affiliated colleges, recognized
institutions and research centers of the University so also the
number of students, the work load of the non teaching employees of
the University increased to a large extent. Because of the ban
imposed by the State Government on new recruitments it was not
possible for the University to fill in the existing posts, as such, it
became essential for the University to assign additional duties and
responsibilities to the existing non teaching employees e.g.
additional work and duties in the Grievance Committees constituted
under Section 57 of the University Act, 1994 which were handled by
the Deputy/Assistant Registrar of Academic Section, were assigned
to the Law Officer and therefore, he had to discharge additional
1 (2015) 4 SCC 334
2 2022 SCC OnLine SC 536
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duties and the responsibilities of the Grievance Committees. In view
of the change of nomenclature of Law Officer as Dy. Registrar (Law
and Grievance) and also for enhancement in the pay scale was
required to be considered.
18 Some of the non teaching posts of different nomenclature and
same duties and responsibilities have been clubbed and their
nomenclature has been changed so as to avoid administrative
inconvenience. However, due to change in the nomenclature and the
revision of pay scale of the non teaching posts, the total number of
posts sanctioned by the State Government under the Government
Resolution dated 6th July 2009 remained unchanged. Under Section
5(60) of the Maharashtra Universities Act, 1994, it was obligatory
for the University to comply with and carry out the directives issued
by the State Government. Therefore, in compliance of the
Government Resolutions dated 15th February 2010, 2nd November
2010, 18th February 2011 and 3rd November 2012, the University
gave effect to the change in the nomenclature of the posts and fixed
the pay of the existing employees as per the revised pay scale
prescribed in the Government Resolutions. It is submitted that after
the issuance of these Government Resolutions regarding change in
nomenclature of non teaching employees and revision of pay scale,
some non teaching employees have been appointed and some non
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teaching employees have also been promoted in accordance with the
changed nomenclature and pay scales after following due process of
law. If the Government Resolutions are cancelled then newly
appointed employees cannot be accommodated in another position
as the eligibility criteria for appointment on the posts are different
and therefore services of such employees will have to be terminated
for no fault on their part. The cancellation of Government
Resolutions dated 15th February 2010, 2nd November 2010, 18th
February 2011 and 3rd November 2012 and restoring the original
nomenclature of the posts is impracticable and it would also lead to
tremendous changes in the roster which is already verified and
approved by the State Government. The University has acted in
consonance and compliance of the Government Resolution issued by
the Government from time to time.
19 It is submitted by Mr.Topkar, the learned Counsel for the
Petitioner that pursuant to the order of this Court a committee was
constituted to investigate the contentions. The Committee has
conducted investigation and filed the report. It is recorded by the
Committee that 250 employees out of 644 sanctioned strength of 5
Universities have been benefited by the Government Resolution
dated 24th February 2011 and the State exchequer has been affected.
However, there is nothing in the report or on record of the
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Committee which supports the loss to the State exchequer of
Rs.7,71,14,000/- (Rs. Seven Crores Seventy One Lacs Fourteen
Thousand only). The said figure is erroneous and wrong. According
to the Respondents also only 250 employees of 5 Universities have
been benefited from the Government Resolution dated 24 th February
2011. There is no finding of fraud on the part of the University staff
or the officials issuing Government Resolution dated 24 th February
2011.
20 It is further submitted that the contention of the State that the
employees have executed undertaking to refund the amount if it is
found that excess payments are made to them, is incorrect.
21 It is submitted by Mr. Saranath, the learned Advocate, that the
Petitioners in Writ Petition No.793 of 2022 were appointed as
Assistants or were promoted to the post of Assistants in the Pune
University. All the Petitioners had initially joined as Assistants
(General) or Assistants (Accounts). The same was class-III post.
From Assistants, many of them were promoted to Senior Assistants
(Class-III post) further promoted to Assistant Section Officer (Class-
III) and some of them to Section Officer. In the present case the
employees were restored to their original post in the Assistant
Grades as they were wrongly given redesignation as clerk while
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granting 6th pay commission. The Pune University was the only
University which had only sanctioned posts of Assistants and Senior
Assistants. The State of Maharashtra revised the pay scale as per
the 5th Pay Scale of Assistant and other promotional posts. The State
of Maharashtra before accepting the 6 th pay scheme, set up a
committee to conduct a detailed survey of the staff of the
Universities within the State of Maharashtra. It recommended the
staffing pattern of the Universities in the State of Maharasthra. The
recommendations of Saharia Committee were approved under the
Government Resolution dated 6th July 2009. Under Government
Resolution dated 27th August 2009, the State Government
mistakenly approved the staffing pattern proposed by the University
by classifying the posts of Assistant as Junior Clerks and Senior
Assistants as Senior Clerks. The Respondent State, under Ordinance
dated 7th October 2009 accepted the 6th pay scale and while revising
the pay scale wrongfully considered the posts of Assistants as Junior
Clerks and Senior Assistants as Senior Clerks. The pay scale of the
Clerk was lower than that of Assistants in the 6 th pay scheme. The
University, under proposal dated 8th February 2011 sought
rectification of pay scale of the Assistants as per the 6th pay scheme
and under the Government Resolution dated 18 th February 2011 the
said mistake was rectified and placed the Petitioners in the pay scale
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for the post of Assistants as per 6th pay scale. The separate posts of
Clerk were introduced in the Respondent University for the first
time in the Department of Pali in the year 2012.
22 Mr. Narvankar, the learned Advocate for the Shivaji University
submits that for the purpose of pay fixation, the guidance and the
approval is obtained from the Joint Director and Senior Auditor. The
procedure for pay fixation at the time of applicability of 6 th Pay
Commission was followed, as laid down in Rule 3(5) Explanation 2 of
the Notification dated 7th October 2009. The State Government,
under Government Resolution dated 6th July 2009 sanctioned
revised staffing pattern of 644 non-teaching posts for Shivaji
University.
23 Pursuant to the said Government Resolution, the University
has submitted post-wise proposal to the Government. Upon
submission of the proposal, the Government issued Government
Resolution dated 13th October 2010. In the said Government
Resolution, there were some minor glitches like absence of the
details of the posts stipulated, variance/deficiency in sanctioning the
number of posts and existing posts. Therefore, on 18 th February
2011 the Respondent University sent revised proposal to the
Government. Pursuant to the revised proposal by the University, the
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State issued Government Resolution dated 24 th February 2011. In
the said Government Resolution also the staffing pattern, pursuant
to the Government Resolution dated 6th July 2009 in respect of 644
non teaching posts is approved. No additional posts were created.
Under Government Resolution dated 24th February 2011, the non
teaching staffing pattern consisting 644 regular posts and 54
supernumerary posts were approved for the Shivaji University. In
the said staffing pattern, some designations along with their pay
scales / pay bands were revised in consonance with 5 th and 6th Pay
Commission. The Government Authorities approved revised pay
scale and the salaries paid accordingly. The University has
undertaken and followed the procedure, roster, promotions and
completed the recruitment procedure in respect of the officers /
employees in accordance with Government Resolution dated 24 th
February 2011. Government Resolution dated 24 th February 2011 is
acted upon. It would have serious implications, in the event the
benefits under the Government Resolution dated 24 th February 2011
are taken away. The revised pay scales are approved by the
Government Authorities. The Joint Director of Higher Education by
his letter dated 16th May 2012 addressed to the Shivaji University
and communicated that the designations and the pay scales of non
teaching posts of Shivaji University are revised as per the
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Government Resolution dated 24th February 2011 and accordingly
pay fixation charts were prepared and submitted to the University.
All the Rules, Regulations and Mandates are scrupulously followed
by the University. It is further submitted that the beneficiaries of
Government Resolution dated 24th February 2011 are enormous who
are nowhere connected with the internal working of the
Government and not privy to any of the functioning. No fraud has
been committed by the University or the beneficiaries. All the
decisions were taken with the requisite approval of the Departments
of the Government of Maharashtra and no objection whatsoever was
raised at any point of time to any of the decisions taken. The
reversal of benefits would militate against the principle of fairness
and also against the settled principle of equity and doctrine of
legitimate expectations. The payments made cannot be recovered.
24 Mr. Surve and Mr. Deshmukh, the learned Advocates for the
Petitioners employed with Dr. Babasaheb Ambedkar Marathwada
University submit that the posts of Senior Assistant is in existence
with Dr. Babasaheb Ambedkar Marathwada University since the
establishment of the University. The Petitioners therein are
appointed as Senior Assistants since the very inception. The post of
Senior Assistant is duly sanctioned under the University as can be
seen from the Appendix-I, Statute 275. The feeder cadre of the post
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of Senior Assistant is Junior Assistant. The posts of Junior
Assistant and Senior Assistant were sanctioned and were granted
the pay scale and pay band w.e.f. 1 st January 1996. In each and
every Pay Commission, the post of Senior Assistant is categorized in
Dr.Babasaheb Ambedkar Marathwada University. It is submitted
that even prior to Government Resolution dated 7 th April 2011
Dr.Babasaheb Ambedkar Marathwada University had published
advertisement on 5th March 2003 inviting Applications to fill up the
post of Senior Assistant. This was, in fact, for the post of Assistant
which was very much sanctioned and is in existence since 1974. As
per Government Resolution dated 6th July 2009, the Government
approved the revised staffing pattern of non teaching posts. As per
the directions of the State of Maharashtra, a detailed proposal for
staffing pattern was submitted. Dr. Babasaheb Ambedkar
Marathwada University submitted a detailed proposal to the State
Government for grant of approval and in view of that only 73 posts
of Senior Assistants were proposed to be sanctioned by
amalgamating various posts of Senior Assistant, Record Keepers,
Account Clerks and Head Typists, which were carrying same pay
scale of 4000-6000. Upon proposal submitted by the University for
sanction of post, Respondent No.1 issued Government Resolution
dated 17th September 2009, however, an error was committed in the
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said Government Resolution by mentioning the post of Senior
Assistant as a Senior Clerk. In view of the said mistake,
Dr.Babasaheb Ambedkar Marathwada University, by its
communication dated 30th April 2010 and 9th / 10th March 2011
requested the State Government to carry out necessary corrections
in the nomenclature of the post of Senior Assistant sanctioned
under Government Resolution dated 17th September 2009.
Respondent No.1 had extended the revised pay band of 5200-20200
with grade pay of Rs.2800/- to the post of Senior Assistant under the
Rules of 2009. Surprisingly, the same post of Senior Assistant in the
Mumbai University was getting higher pay band of 9300-34800 with
higher grade pay of Rs.4300. In view of the same, the Respondents
issued Government Resolution dated 7 th April 2011 approving the
modification to the revised staffing pattern of Dr.Babasaheb
Ambedkar Marathwada University sanctioned under Government
Resolution dated 17th September 2009 and re-designating the post of
Senior Clerk as Senior Assistant and extending the pay band of
9300-34800 with Grade Pay of Rs.4800/-. As such, the injustice
caused to the persons who were working as Senior Clerk were
promoted as Senior Assistant under Government Resolution dated
7th April 2011. In view of the Government Resolution dated 7 th April
2011, the Petitioners started getting the revised pay scale of 9300-
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34800 with Grade Pay of Rs.4800/-. All these Petitioners were
either appointed as Junior Assistant or promoted as Senior
Assistant from the feeder cadre of Junior Assistant. Some of the
Petitioners got promotion to the post of Senior Assistant from the
feeder post of Junior Assistant upon increase in number of posts in
the cadre of Senior Assistant. Even otherwise, the persons working
as Junior Assistant would have got promoted as Senior Assistant
irrespective of the Governments Resolution that have been set aside.
25 It is further submitted in the alternate by the learned
Advocate that even if Government Resolution dated 17 th December
2018 is upheld still the same would apply from the date of its
issuance and not prior to it, meaning thereby, no recovery could be
effected from the Petitioners of the amounts of the salary received
by them on the basis of higher pay band of 9300-34800 with GP of
4800/-. No error was committed by the State while issuing the
Government Resolution dated 7th April 2011.
26 Mr.Mahajan, the learned Advocate for the employees of the
North Maharashtra University submits that under Government
Resolution dated 6th July 2009 the strength of the employees were
decreased to 407 of the University as against the sanctioned 460
posts. It is after accord from the Finance Department the benefits of
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6th Pay Commission w.e.f. 1st January 2006 were made applicable
vide Notification dated 7th October 2009. Pursuant to the directions
under the Government Resolution dated 6 th July 2009, the
University has submitted the proposal before the State Government
for fixation of the staffing pattern of the non teaching posts. The
revised proposal was submitted on 6th October 2010 by the
University. Under the revised proposal, a request was made to the
State Government to consolidate the post and to change the
designations of the employees possessed with more work to one
employee, so that the Government would not be required to sanction
more posts to Respondent No.7 University and the funds of the
Government would be saved. For example, the University requested
the State Government to change the designation of Law Officer to Dy.
Registrar (Law/Right to Information). By changing the designation
of this post, the University has given the work of Information Officer
to Law Officer, in addition to the works which were already bestowed
with him. So, now, the Dy. Law Officer (Law/Right to Information) is
discharging the duties of two posts as a Law Officer and the
Information Officer. The change in designation of one employee
would discharge the work-load of two employees. The University
requested the State for pay fixation of the employee as per the 6 th
Pay Commission. The proposal is forwarded by the University to the
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State Government after getting concurrence from the Managing
Council and Vice Chancellor. After receiving the proposal on 6 th
October 2010, the State kept the same before the competent
authority. The competent authority scrutinized the proposal. After
satisfying that there would not be creation of more posts and that in
order to have smooth functioning of the University it would be just
and proper to sanction the proposal, the authority, after following
due procedure, has decided to sanction the same. After following
due procedure and upon receipt of sanction from Finance
Department, Government Resolution dated 26 th October 2010 was
published thereby restructuring the pay fixation of the Petitioners
and similarly situated employees of North Maharashtra University.
Since the fixation of pay in the year 2010, the Petitioners are
receiving the salaries as per the fixation made pursuant to the
Government Resolution dated 26 th October 2010. One employee is
discharging the duties of two pots. There is also change of
designation and change of work. The Petitioners have accepted their
designations and bestowed the responsibilities since 2010. Some of
them have retired and some of them are at the verge of retirement.
The impugned resolution would be causing hardship.
27 It is stand of the employees of the Sant Gadgebaba Amravati
University that the Higher Level Secretariat, after following due
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process finalized the staffing pattern of non teaching employees of
the University and as such there was no need to obtain sanction
from the Cabinet of the State Government and the same shall be
required only if new posts providing for higher pay scale than
12000-16500 are created. The Government Resolution dated 10 th
September 2001 also provided that the Institution shall be at liberty
to decide the working or functioning of the posts. In view of that
there was no need to refer the Government Resolution dated 22 nd
November 2011 to the Finance Department. Even the Reference
No.270/2009 dated 2nd May 2009 of Finance Department is referred
in the Government Resolution. The Government Resolution dated
22nd November 2011 was duly acted upon by the Finance
Department of the State Government. In view of that Government
Resolution the University has forwarded a proposal for release of
salary of non teaching employees to the Department of Higher
Education. Salaries are released only after due satisfaction of the
authority of the Finance Department. The Finance Department, at
no point of time raised objection to the Government Resolution
dated 22nd November 2011. No new post is created by the High Level
Secretariat Committee which provides pay scale higher than 12000-
16500. The change in the nomenclature of the post and pay scale is
in conformity with the Maharashtra Non Agricultural Universities
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and Affiliated Colleges Standard Code (Revised Pay Scales to non
teaching Staffs) Rules 2009. It was notified by the State
Government under Notification dated 7th October 2009. There are
many Government Resolutions passed by the State Government
under the informal reference No.270/2009 dated 2 nd May 2009 of
the Finance Department which are treated as valid decision by the
State Government. It is submitted that the impugned Government
Resolution dated 17th December 2018 suffers from vice of
arbitrariness, as the resolutions in favour of the Bombay University,
Nagpur University, Solapur University, Gondwana University are
passed under informal reference No.270/2009 dated 2 nd May 2009.
It is submitted that the Government Resolution of the year 2011 has
been acted upon. For more than 7 years, the salaries are paid as per
the pay scale. Additional liabilities are incurred by the Petitioners
considering their salaries. Government Resolution dated 17 th
December 2018 encroaches upon the right to live with dignity, as
guaranteed by Article 21 of the Constitution of India. Council of
Ministers are permitted to delegate the powers to amend the
decision to a Committee. It is further the case of the petitioners that
the Rules of Business are directory. Reliance is placed on the
judgment of the Full Bench in the case of Chandrakant Sakharam
Karkhanis & Ors. Vs. State of Maharasthra & Ors. 3.
3 AIR 1977 Bombay 193
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28 All the learned Advocates for the Petitioners relied on the
judgment of the Apex Court in the case of State of Punjab Vs. Rafiq
Masih (supra) to submit that recovery cannot be claimed. They
also relied on the judgment of this Court in the case of Meghraj
Annasaheb Pandit & Ors. Vs. The State of Maharashtra to which
one of us (Acting Chief Justice) was party, in Writ Petition No.5363
of 2021 with connected Writ Petitions to contend that, in similar
cases, this Court had held that recovery cannot be claimed, if there
is fault on the part of the Government in taking sanction /
concurrence of the Finance Department.
29 Mr. Anturkar, the learned Senior Advocate for the Petitioner in
PIL (St) No.5919 of 2019 submits that the Government Resolution
impugned in the Writ Petition filed by the employees of the
University is rightly issued. All the Government Resolutions
cancelled pursuant to the said Government Resolution dated 17 th
December 2018 and 16th February 2019 were obtained by fraud. The
Government Resolutions issued by the Government thereby re-
designating the posts and sanctioning higher pay scales were result
of fraud. The same would be clear from the notings made before the
said Government Resolution.
30 The learned Senior Advocate submits that when the proposals
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were received for the staffing pattern and revising the staffing
pattern, the Principal Secretary had made an endorsement "does it
require approval of the Finance Department ?". The Desk officer
replied at the end of the noting that "there is neither change in the
number of employees as per the staffing pattern nor there is any
additional financial burden on the Government" . On the said basis,
the Government Resolutions are issued in respect of various
Universities. Thus, a false representation was made that there is no
change in the number of employees as per the staffing pattern and
that there will not be any additional burden on the Government. On
the basis of the same, the Government Resolutions were issued.
Upon information being sought by the Petitioner of PIL, it was
communicated that File No.593 of 2010 is not traceable and/or that
the files have been destroyed. In the Government Resolution dated
18th February 2011 reference is made to the letter dated 2 nd May
2009. When the Petitioner, in PIL filed an Application under the
Right to Information Act, the Petitioner is informed by the
Government on 12th December 2012 that there is no Committee and
there is no such letter dated 2 nd May 2009. Without concurrence of
the Finance Department a false representation is made that the
Finance Department has given an approval.
The Finance Ministry has given concurrence only insofar as
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Akrutibandh is concerned by Government Resolution dated 6 th July
2009. The Reference No.265 of the Finance Ministry was only
pertaining to Akrutibandh approval and Reference No.270 was
erroneous. The learned Senior Advocate submits that the High
Court's judgments have been conveniently used to create impression
that whatever is done under Government Resolution of 2010, before
Government Resolution of the year 2018 of which the Petitioner in
PIL seeks implementation, an impression is sought to be created that
the Government Resolutions were issued as per the directions of the
High Court.
31 Reference is given in Government Resolution dated 6 th July
2009 to the order of the High Court at Aurangabad in Writ Petition
No.8067 of 2006 dated 6th April 2009 and/ or judgment of the
Nagpur High Court in Writ Petition No.2216 of 2007 dated 3 rd
December 2008. There is nothing in these orders of the High Court
which direct the Government to give re-designation of the posts and
to increase the pay scale. The learned Senior Counsel, to illustrate,
referred to Sandip Mahadev Bhujbal. He was working in Class-III
(Technical Assistant) with pay scale of Rs.70,000/-. He has been re-
designated as Research Associate (Class-I Post) with pay scale of
Rs.1,19,480/-. This was even after the Division Bench of this Court
in February 2020 directed that only recovery part is stayed and not
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the future implementation of Government Resolution dated 18 th
December 2018. The Division Bench of this Court on 5 th September
2022 directed Savitribai Phule University to produce the resolution
passed by it. This was in the context that the Petitioner in PIL had
grievance that no resolution has been passed by the Management
Council and at Registrar level the proposal was prepared. Pursuant
thereto, compilation of documents was produced where the
resolutions of the Management Council dated 4 th December 2012 and
20 November 2011 are shown to have passed i.e. after the
resolutions which were cancelled by the later resolutions of which
the implementation is sought by the PIL litigant. This shows that
there was no prior resolution passed by the Management Council of
the University before the proposal was sent by the Registrar to the
Desk Officer, Higher and Technical Education Department. The
Savitribai Phule University was not having post of Assistant.
However, the Petitioners of the said University were given wrong
designation and thus their pay scale did not find mention in 5 th and
6th pay commission. This is a case of fraud where papers are
fabricated, files are lost and destroyed, false affidavit about the
resolution of the University are filed before the High Court.
32 It is further submitted that some of the employees of the
University have claimed that there was error in designation. Their
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original position from Arkrutibandh was either Junior Assistant or
as Senior Assistant. By mistake, they have been shown as Junior
Clerk or Senior Clerk and therefore they were provided with the
lower pay scale. Therefore, the said defect was rectified by the
Government Resolution dated 18 th February 2011. The said
statement is also untrue. Under Government Resolution dated 1 st
August 1979 the Government noted recommendations of the Bhole
Commission and recommended the revised pay scales. All these
Universities have been sanctioned post of Junior Clerk and Senior
Clerk and not Junior Assistant and Senior Assistant. The learned
Senior Counsel refers to the chart to submit that all the five
Universities i.e. Bombay University, Shivaji University, Nagpur
University, Pune University and Shivaji University were sanctioned
the post for which pay scale is sanctioned by the Government as per
4th Pay Commission in the year 1979. The pay scale of Senior
Assistant and Senior Clerk in Shivaji University was same. So also
the pay scale for the post of Junior Assistant and Junior Clerk.
Although the nomenclature differs, the pay sale remains the same.
As such, the claim of the Petitioner that they were appointed either
on the post of Junior Assistant or Senior Assistant, are entitled for
higher pay scale, has no legal basis. The change in nomenclature is
also made without approval of the Finance Department. As such all
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these persons are required to be reverted back to their original pay
scale. Even if it is assumed that the Petitioners are appointed as
Assistant they were given wrong designation as Clerk and
subsequently given the correct designation, still the same has to be
done by following proper procedure known to law by the
Management Council passing the resolution. The Registrar of the
University should thereafter forward the proposal to the Secretary
of the Higher and Technical Education Department only thereafter it
should be sent to the Finance Department and the approval of the
Finance Department ought to be taken.
33 According to the learned Senior Counsel, as the Government
Resolution, pursuant to which the Petitioners are paid the higher
pay scale, is obtained by fraud and misrepresentation, the recovery
deserves to be claimed from them.
34 The learned Advocate General submits that while issuing
Government Resolution dated 27th August 2009, the Desk Officer
incorporated the new pay scales for various posts set out therein
without concurrence of the Finance Department. While granting
such enhancement in the pay scales the Financial Rules and the
Procedure provided in the Rules of Business are not followed. In the
noting of the file, the concerned Desk Officer only mentioned that the
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sanction of the posts are within the limit of number of posts
sanctioned vide Government Resolution dated 6th July 2009.
However, did not mention that the financial burden is going to
increase on account of the grant of enhanced pay scale. In fact,
nothing is mentioned in the noting of the file and the text of the
Government Resolutions as to the financial implications of such
enhancement of the pay scales. The noting in the file suggests that
only designations of the posts in issue are changed as if it was a
cosmetic change. The learned Advocate General submits that under
the Government Resolutions that are cancelled, the pay scales of non
teaching staff from various Universities such as Savitribai Phule
University, Pune, Dr. Babasaheb Ambedkar Marathwada University,
Shivaji University, Kolhapur, North Marathwada University,
Jalgaon, Sant Gadgebaba Amravati University, Amravati and
Gondwana University, Gadchiroli have been increased substantially
by giving them higher pay scale merely by changing the
nomenclature or designation of the posts without bringing about any
change in the nature of duties, work to be performed or
responsibilities to be discharged.
35 It is contended by the learned Advocate General that the 5 th
Pay was made applicable to the Non Agricultural Universities in the
State by Government Resolution dated 4 th February 1999 and the
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said 5th Pay was made applicable to the employees of the Non
Agricultural Universities and affiliated colleges from 1st January
1996. As per the Government Resolution dated 4 th February 1999
revised pay scale was fixed in consonance with the 5 th Pay
Commission by the State Government in respect of all Non
Agricultural Universities and affiliated colleges in the State of
Maharashtra.
The Government Resolution dated 6th July 2009 is issued for
fixing staffing pattern in respect of 9 Universities. The Universities
were instructed to submit the post-wise proposals as per the
sanctioned new staffing pattern so that the post-wise order could be
issued. The Universities were also instructed to fill up the vacant
posts only after issuing of the Government Resolution in that regard.
The Government Resolution dated 6th July 2009 nowhere deals with
the pay scale issue. In the Government Resolution dated 6 th July
2009, the concurrence of Finance Department EOR
No.270/2009/visu-1 dated 2nd May 2009 is mentioned. However, the
said number is incorrect. The Finance department had given
concurrence to the said proposal by EOR No.265/2009/visu-1 dated
28th April 2009. The said EOR ought to have been mentioned in
Government Resolution dated 6th July 2009. The same EOR i.e.
incorrectly mentioned in Government Resolution dated 6 th July
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2009 is later-on mentioned in all subsequent Government
Resolutions dated 2nd November 2010, 18th February 2011, 3rd
November 2012, 7th April 2011, 24th February 2011, 26th October
2010, 22nd November 2011 and 15th February 2012.
36 The learned Advocate General contends that the Universities
in issue submitted their detailed proposals for staffing pattern but
the proposal submitted by 6 Universities were not in line with the
extant Rules and Regulations. The proposals contained not only
change in the nomenclature of some posts but also further proposed
to increase the pay scales as well. In some cases, the nomenclature
of posts were retained but increase in pay scale was proposed. Some
Universities revised their proposal more than once. The
Government Resolution dated 27th August 2009 was issued in
respect of the Savitribai Phule University, Pune showing the post-
wise staffing pattern pay scale. At the time of issuing Government
Resolution dated 27th August 2009 the concerned officer from
Higher and Technical Education Department changed the pay scale
of 5th Pay of non-teaching posts of Savitribai Phule University, Pune
by increasing the figures shown in 5 th Pay Scale Government
Resolution dated 4th February 1999 and figures shown in staffing
pattern Government Resolution dated 6th July 2009. In Government
Resolution dated 27th August 2009, 19 names of posts from non-
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teaching staff are also changed and their pay scales are also shown
as increased far more than sanctioned in the 5 th Pay Commission
Government Resolution dated 4th February 1999 and the staffing
pattern Government Resolution dated 6th July 2009.
37 The Government Resolution dated 5th September 2009 is
issued for the benefit of non teaching staff of Amravati University
and Government Resolution dated 17 th September 2009 for
Dr.Babasaheb Ambedkar, Marathwada University, Aurangabad. In
these Government Resolutions also the concerned Desk Officer has
shown 5th Pay Scale of non teaching posts of Amravati University
and Dr.Babasaheb Ambedkar, Marathwada University, Aurangabad
by increasing the figures of the pay scale shown in the 5 th Pay Scale
Government Resolution dated 4th February 2009 and figures shown
in staffing pattern Government Resolution dated 6th July 2009.
38 Under Notification dated 7th October 2009 post-wise revised
pay scale was fixed as per the 6th Pay Commission and post-wise
Schedule of pay scale was also declared along with the said
resolution. In the said Government Resolution, there is a column
shown as "Existing and Special Pay if any" and in that column, the
5th Pay Scale is shown much higher than the actual and existing pay
scale which was already revised by Government Resolution dated 4 th
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February 1999 at the time of fixing 5 th Pay Commission. At the time
of fixing staffing pattern, Government Resolution dated 6 th July
2009 issued by the Higher and Technical Department, the pay scale
was shown as per the Government Resolution dated 4 th February
1999 but at the time of fixing the pay scale of the 6 th Pay
Commission, the existing pay scale was shown much more than the
earlier pay scale fixed by Government Resolution dated 4 th February
1999 and shown in Government Resolution dated 6th July 2009.
39 Under the Government Resolution dated 4th December 2009,
the Department of Higher and Technical Education, Mantralaya,
Mumbai issued Government Resolution thereby granting post wise
staffing pattern in respect of Jalgaon University and on 13 th October
2010 granted post-wise staffing pattern of Shivaji University,
Kolhapur. In the said Government Resolution also the Desk Officer
had shown higher pay scale as already shown in Government
Resolution dated 7th October 2009 at the time of declaring 6 th Pay
Commission benefits.
40 The learned Advocate General further submits that after
issuing Government Resolution dated 7th October 2009 the
implementing the 6th Pay Commission and defining post-wise pay
scale for all Non Agricultural Universities in the State, some
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Universities submitted proposals with the State Government for
changing the nomenclature (name of post) without there being any
change in the duties and the responsibilities. The proposals for
changing the nomenclature are received from 6 Universities viz;
i. Savitribai Phule University Pune dated 26th August 2012
(IInd proposal)
ii. Aurangabad University dated 10th March 2011 (IInd
proposal)
iii. Jalgaon University dated 6th October 2010
iv. Shivaji University Kolhapur dated 18th February 2011
v. Gondwana University Gadchiroli dated 14th December
vi. Sant Gadgebaba Amravati University, Amravati dated
19th October 2011.
41 In respect of these Universities, the Higher and Technical
Education Department, by Government Resolutions dated 26 th
October 2010, 2nd November 2010, 18th February 2011, 24th February
2011, 7th April 2011, 16th May 2011, 22nd September 2011, 15th
February 2012 and 3rd November 2012 declared nomenclature (new
name of Posts).
42 Since there was difference in pay scale of non teaching
employees of Pune and other Universities, the representations were
made by other Universities for changing the nomenclature of the
posts. The Finance Department, vide official note dated 16 th October
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2017 recommended to inspect the pay scale of the non teaching staff
of six Non Agricultural Universities which had obtained financial
benefits by mere change in nomenclature of the posts and
recommended to initiate action to recover the excess amount paid to
the employees holding these posts. It also recommended that the
nomenclature of the posts and pay scale in which changes were
made illegally be recalled and set back to the original nomenclature
and pay scale. It is further directed that unless and until their pay
scale is recalled, not to implement and accord 7 th Pay Commission
scales to these employees. As per the recommendations of the
Finance Department, the Department of Higher and Technical, after
obtaining consent from the Concerned Ministry, issued Government
Resolution dated 17th December 2018, impugned in these petitions.
43 The learned Advocate General submits that as per the
directions issued by Government Resolution dated 17 th December
2018, a Special Squad has been formed comprising of Dy. Director,
Accounts and Audit Services, Assistant Director, Audit and two
other Officers. The Special Squad investigated the matter and by the
interim report submitted recommendations such as; (a) There are 4
GR's issued by the then Desk Officer and more number of posts have
been given increased pay scale and that all these GR's need to be
cancelled. (b) By various GR's higher pay scales have been given to
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various posts from the above mentioned 6 universities. Whereas,
the remaining other universities' employees have been continued
with the pay scale, which is lower than these 6 universities.
Therefore, it has caused discrimination among the university
employees. Therefore, the Government has to take decision to
cancel all such Government Resolutions, which are not cancelled by
GR dated 17.12.2018."
44 The learned Advocate General submits that the facts and
circumstances on record would demonstrate that the non teaching
staff, by joining hands with the then Desk Officer of Higher and
Technical Education Department and other Officials of the State
Government practiced fraud on the public exchequer and got
increased their pay scales without any change at all in their duties
and/or work or responsibilities. Huge public money has been
siphoned by such dubious method and by misleading the Higher
Government Officials. So also by keeping in dark almost all the
higher ups, more particularly, the entire Finance Department. The
inquiries are being conducted in respect of the illegalities that have
occurred in the matter. The process of framing the charge sheet
against the concerned Officials who have been found prima facie
guilty, is in progress. The Finance Department has also
recommended the Higher and Technical Education Department to
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cancel the Government Resolutions issued without concurrence of
the Finance Department and also recommended to take appropriate
action against the responsible persons involved in the matter. As the
benefits are obtained by the Petitioners by fraud, no protection can
be granted to them in case of recovery. The learned Advocate
General relies on the apex court judgment in the case of MRF Ltd.
Vs. Manohar Parrikar & Ors. 4 to contend that obtaining
concurrence of the Finance Department wherever the financial
implication is involved, is mandatory. The Rules of Business in that
regard have to be followed. He also relies upon the judgment of the
Apex Court in the case of Narmada Bachao Andolan Vs. State of
Madhya Pradesh 5.
The learned Advocate General submits that if excess salary is
paid due to misrepresentation or fraud, then no protection will be
granted from recovery. Reliance is placed on the judgment of the
Apex Court in the case of Chandi Prasad Uniyal and Ors. Vs. State
of Uttarakhand and Ors. 6 The Petitioners have also relied upon the
Division Bench judgment of this Court at Aurangabad dated 20 th
January 2022 in the case of Meghraj Annasaheb Pandit & Ors.
Vs. The State of Maharashtra to which one of us (Acting Chief
Justice) was party in Writ Petition No.5363 of 2021 with connected
4 (2010) 11 SCC 374
5 (2011) 12 SCC 333.
6 (2012) 8 SCC 417
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Writ Petitions to contend that the Petitioners would not know the
procedure followed or whether the concurrence of the Finance
Department is obtained or not and as such the recovery may not be
ordered. The same judgment is relied on by the learned Advocate
General and Mr.Anturkar, the learned Senior Advocate to suggest
that this Court in the said judgment observed that doctrine of indoor
management would not apply in case of fraud and
misrepresentation. In the said judgment, it was also held that in the
matter involving financial implications, the concurrence of the
Finance Department is mandatory.
45 We have considered the submissions canvassed by the learned
Advocates for the parties.
46 From the pleadings and the documents on record, it appears
that the Government Resolutions issued from time to time in respect
of 6 Universities pertaining to change in designation and pay scales
from the year 2010 to 2012 were issued without obtaining approval
and/or concurrence of the Finance Department. There cannot be a
matter of debate that whenever financial implications are to take
place, the concurrence of the Finance Department is mandatory, as
provided under the Bombay Financial Rules, 1959 and Government
Business Rules 1975. Reference can be had to the judgments of the
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apex court in the case of Narmada Bachao Andolan (supra) and
MRF Ltd. (supra).
The Division Bench of this Court in the case of Meghraj
Annasaheb Pandit (supra) to which one of us (Acting Chief
Justice) was a party, after referring to the various decisions of the
Apex Court, held that the Business Rules framed by the Government
mandate that wherever a decision would involve the financial
implication and/or financial burden upon the State, the concurrence
of the Finance Department has to be obtained. Rule 11(1) and (2) of
the Rules of Business framed under Article 166 of the Constitution of
India governing the function of the State require obtaining the
concurrence and/or sanction of the Finance Department in the
matter involving fiscal burden on the State.
47 The contention that the concurrence of the Finance
Department was not necessary in view of Government Resolution
dated 10th September 2001 is concerned, the same cannot be
accepted. Clause 2.4 of the said Government Resolution provides
that the concurrence of the Finance Department shall be obtained
and thereafter the proposal shall be placed before the High Power
Committee. Clause 2.6 provides that once the proposal is accepted
by the High Power Committee, it will not be necessary to obtain
approval of the Ministry unless the pay scale is more than 12000
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and 16500 and above. On 1 st July 2004, the Higher and Technical
Education Department, Mantralaya, Mumbai issued Government
Resolution granting permission to fill up 90% of the backward
category and 50% open category. The Government Resolution dated
10th September 2001 refers to the staffing pattern being approved by
the High Power Committee constituted under the Government
Resolution dated 10th September 2001. Clause 8 of the said
Government Resolution specifically refers that it has been issued
pursuant to the concurrence of the Finance Department and
approval of the High Power Committee.
48 The said Government Resolution does not speak about the
change of the designation of the post and the increase and /or
refixation of pay scale. Whenever the increase in the pay scale is
effectuated, the concurrence of the Finance Department would be
imperative.
49 As the concurrence and approval of the Finance Department
was not obtained while issuing the Government Resolutions those
are cancelled under the impugned Government Resolution, the said
action of the State cannot be faulted with.
50 Much emphasis is laid by the learned Counsel for the
Petitioners that the change of designation is due to increase in work-
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load and/or there is no change in designation. However, the fact
remains that the pay scales have been changed materially. It is also
sought to be demonstrated by the Respondents that the pay scales
have been changed with retrospective effect. Rule 156 of the
Bombay Financial Rules, 1959 provides that the retrospective effect
should not be given of the proposal for revision of pay except in very
special circumstances. Whenever retrospective effect is given to any
such proposal, the reasons for the said, invariably, be specified in the
sanction itself. The eight Government Resolutions issued for the six
Universities those are cancelled under the impugned Government
Resolution did not state the date of applicability. However, the
Universities changed the designation of the posts and pay scale with
retrospective effect i.e. from 1st January 1996 notionally and benefit
was granted from 1st January 2006 and in any case prior to the
Government Resolutions of the years 2010 to 2012. This anomaly is
not explained by the Petitioners.
51 The Division Bench of this Court in its order dated 7 th February
2020 had directed setting up of a Special Squad to consider all issues
and facets of the controversy arising out of the impugned
Government Resolution dated 17 th December 2018. A Committee of
six Officials viz. Sanjay S. Bhattacharjee, Senior Audit Officer, Shri
Atul B. Jadhav, Assistant Audit Officer, Shri navin N. Sinha,
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Assistant Audit Officer, Shri Dinesh Kumar Tiwary, Assistant Audit
Officer, Shri Santosh Kumar Mishra, Senior Auditor and Smt.
Vandana V. Vengurlekar, Senior Auditor under the supervision of
Shri Avinash S. Chavan, Dy. Accountant General was constituted by
the Principal Accountant General (Audit) I, Maharashtra. The
report is submitted to this court. The conclusion of the said report
reads thus:
"Considering the written submissions of the petitioners,
documents pertaining to pay fixation scrutinized at University,
replies obtained from FD, HTED, DHE, JDHE, Accounts officers
and University Officials, the Team has the following to submit:
1. The GRs pertaining to change in Designation and pay
scales were issued without obtaining necessary approval /
concurrence of the Finance Department as mandated by the
Bombay Financial Rules, 1959 and Government Business
Rules, 1975.
2. The upgradation of pay scales of posts was not as per the
recommendations of State Pay Revision Committee Report
2008 (Vith pay commission - Hakim Committee Report),
acceptance of recommendations by the Government as per the
Pay Anomaly Committee recommendations.
3. The financial implications arising due to GRs relating to
change in designation were not determined by HTED before
issuing it.
4. The Government resolutions for Change in designation
were inconsistent with the Standard Code (revised pay rules of
non-teaching employees) Rules, 2009 which was issued under
Section 8(3) of the Maharashtra Universities Act, 1994.
Section 8(3) of the Act prescribes that when such a code is
made, it shall prevail over any subordinate legislation made
under the Act. Hence, considering Section 8(3) of the Act, the
Government resolutions issued in the form of padnam badal
GRs can't override the Rules issued and notified in the form of
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Standard code.
5. Rule 155 of the Bombay Financial Rules, 1959 stipulates
that the statutory rules made by the Governor have effect
from the date on which they are passed. Further, Rule 156
stipulates that the retrospective effect should not be given to
any proposal for revision of pay except in very special
circumstances. Whenever retrospective effect is given to any
such proposals, the reasons for the same should invariably be
specified in the sanction itself. The eight GRs issued for the
six universities did not mention the date of applicability.
However, Universities changed the designation and pay scales
of the posts with retrospective effect from 01.01.1996
considering the pay scales mentioned in the Annexure to these
GRs.
6. Further, Explanation (2) to under Rule 3(5) was not
present in the draft notification sent to Finance Department
for approval but was inserted in the Notification dated
07.10.2009 after the approval of the Finance Department.
7. The Finance Department has not issued the unofficial
reference number 270/09 dated 02 May 2009 of the Finance
Department mentioned in 15 GR's at Sr.No.3 to 17 in GR dated
17.12.2018 (as per Government's affidavit in the WP 792 of
2019).
8. Although the provisions of pay fixation were not
mentioned in the GRs, fixation was done in revised scales by
the Registrar, JDHE's and Accounts Officers (Higher Education
grants) of the concerned Universities.
9. One consistent grievance among the Petitioners is that
the pay scales for comparable posts in other Non Agricultural
Universities are higher. However, pay Anomaly Committee
reports have pointed out that there are differences in mode of
recruitment, educational qualification requirements, etc after
considering the grievance of the non-teaching employees
unions."
52 As per the interim report submitted by the Special Squad
appointed pursuant to the Government Resolution dated 17 th
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December 2018 and also report as per the Committee of the Special
Squad appointed by this Court under order dated 7 th February 2020,
large scale changes in the pay scale and designation and that too
with retrospective effect has taken place without the concurrence of
the Finance Department. Some examples are also illustrated. In the
cases where it is stated that the post of Assistants were sanctioned
and those persons were appointed as Assistants since the very
inception to them also the pay scales have been changed with
retrospective effect. The same could not have been done without
concurrence of the Finance Department. It is also brought on record
that the Universities to whom the benefits of Government
Resolutions were issued, had sanctioned post of Junior Clerk and
Senior Clerk. The pay scale of the Senior Assistant and Senior Clerk
in Shivaji University was the same, so also, the pay scale of the
Junior Assistant and Junior Clerk. It was observed that though the
nomenclature differs, still the pay scale of Junior Assistant and
Junior Clerk, so also, the Senior Assistant and Senior Clerk was the
same. However, the pay scales of those persons either as Senior
Assistant or Junior Assistant have been enhanced with
retrospective effect and that too without concurrence of the Finance
Department.
53 The Special Squad appointed by this Court has observed that
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from the total service books produced 3073 (out of 4503 non
teaching employees of five universities), the team noticed on test-
check that 1564 employees were benefited due to the
implementation of the higher pay scales mentioned in the padnam
badal GRs. The illustrations have been given in the report, the same
reads thus:
1. KBCNMU, Jalgaon
Name of the Employee : Shantaram Bhadlikar
Name of the University : KBCNMU, Jalgaon
Padnam badal GR : NMU 2010/(567/10) Vishi-1 dated 26.10.2010
A
Particulars Revised basic pay Revised basic pay after
considering 1999 Rules padnam badal GR of
26.10.2010
Designation (before/ Law Officer Deputy Registrar (Law
after) padnam badal GR and RTI)
Basic Pay on 01.01.1996 8000 10650
or date of joining -
22.07.1996
Existing scale of pay as on 8000-13500 10650-15850
01.01.2006
Revised pay structure 9300-34800 with GP 15600-39100 with GP
5400 6600
Existing Basic Pay as on 10475 13575
01.01.2006
Pay in the pay band (after
multiplying factor 1.86 19490 25250
and rounding off to next
multiple of 10)
Grade pay attached to the
scale 5400 6600
Revised basic pay (Pay
plus grade pay) 24890 31850
Difference in Basic pay in
Rs. B-A 6960
Remarks : The designation (Law officer) of the incumbent was changed
retrospectively to Dy. Registrar (Law/RTI) along with pay scales from date of
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joining i.e. 22.07.1996. It may be noted that RTI Act was enacted in the year
2005.
Name of the Employee : Sunil Nemade
Educational qualification : D.E.E. (Diploma in Electrical Engineering)
Name of the University : KBCNMU, Jalgaon
Padnam badal GR : NMU 2010/ (567/10) Vishi-1 dated 26.10.2010
A
Particulars Revised basic pay Revised basic pay after
considering 1999 Rules padnam badal GR of
26.10.2010
Designation (before/ A.C.Operator Junior Engineer
after) padnam badal GR
Basic Pay on 01.01.1996 4000 6500
or date of joining -
03.08.1998
Existing scale of pay as on 4000-6000 6500-10500
01.01.2006
Revised pay structure 5200-20200 9300-34800
with GP 2400 with GP 4400
Existing Basic Pay as on 4700 7900
01.01.2006
Pay in the pay band (after
multiplying factor 1.86 8750 14700
and rounding off to next
multiple of 10)
Grade pay attached to the
scale 2400 4400
Revised basic pay (Pay
plus grade pay) 11150 19100
Difference in Basic Pay in
Rs. B-A 7950
Time Bound promotion Pay fixed at Jr.Engineer's
(TBP) after 12 years post in the Pay Bank
08.03.2010 15600-39100
with GP of 6900
Revised basic pay after 19700+6900=26600
TBP in Rs.
Remarks: The designation and pay scales were changed retrospectively from
Date of joining i.e. 03.08.1998. The post of A.C. Operator is a Group C post. After
promotion (TBP), the incumbent is drawing pay of senior level Group A post
(higher than the Dy. Registrar of the University).
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Rule 3 of Standard Code Rules, 1984 classifies the posts into Class I (Group A)
based on their pay scales. As per the rules of 1984, appointments by promotion
to Group A posts shall be made on the basis of seniority cum merit from those (a)
who possess a degree of a statutory University (b) who has passed Department
exam prescribed under the rules (c) who possess five years' experience in Class
II posts in the Universities. All 3 conditions are not satisfied in the incumbent's
case.
2. SPPU, Pune
Name of the Employee : Sandip Mahadeo Bhujbal
Name of the University : SPPU, Pune
Padnam badal GR : 1. PUP 2011/ (63/11) Vishi-1 dated 18.02.2011
2. PUP 2012/(394/12) Vishi-1 dated 03.11.2012
A B
Particulars Revised basic pay Revised basic pay Revised basic pay
considering 1999 after padnam badal after padnam badar
Rules GR 18.02.2011 GR 03.11.2012
Designation Lab and General Technician Research Associate
(before/ after) Assistant
padnam badal GR
Basic Pay on 3200 5500 8550
01.01.1996 or date
of joining -
16.06.2003
Existing scale of 3200-4900 5500-9000 8000-13500
pay as on
01.01.2006
Revised pay 5200-20200 with 9300-34800 with 9300-34800
structure GP 2000 GP 4300 with GP 5400
Existing Basic Pay 3370 5850 8550
as on 01.01.2006
Pay in the pay
band (after 6270 10890 15910
multiplying factor
1.86 and rounding
off to next multiple
of 10)
Grade pay
attached to the 2000 4300 5400
scale
Revised basic pay
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(Pay plus grade 8270 15190 21310
pay)
Difference in Basic
pay in Rs. C-A 13040
Remarks : The designation and pay scale were changed twice, retrospectively
from date of joining i.e. 16.06.2003, vide GR's of 2011 and 2012. The additional
financial implication of the incumbent's salary grant on the State exchequer till
31.03.2020 due to the effect of two GR's was calculated by SPPU to be
Rs.50,83,341.
Name of the Employee : Prashant Maruti Teke
Name of the University : SPPU, Pune
Padnam badal GR : PUP 2010/ (593/10) Vishi-1 dated 02.11.2010
A
Particulars Revised basic pay Revised basic pay after
considering 1999 Rules padnam badal GR of
03.11.2010
Designation (before/ Store Keeper cum Clerk Head Storekeeper
after) padnam badal GR
Basic Pay on 01.01.1996 3200 5500
(Pay Scale 3050-4590) (Pay scale 5500-9000)
T.B.P. (21/06/2003) 4000 7100
Existing scale of pay as on 4000-6000 6500-10500
01.01.2006
Revised pay structure 5200-20200 9300-34800
with GP 2100 (TBP) with GP 4300
Existing Basic Pay as on 4200 7500
01.01.2006
Pay in the pay band (after
multiplying factor 1.86 7820 13950
and rounding off to next
multiple of 10)
Grade pay attached to the
scale 2100 4700
Revised basic pay (Pay
plus grade pay) 9920 18650
Difference in Basic Pay in
Rs. B-A 8730
Remarks: The designation of Store Keeper cum Assistant was changed
retrospectively to Head Storekeeper along with pay scales from 01.01.1996. The
additional financial burden till 31.03.2020 calculated by SPPU was
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Rs.20,76,290.
Name of the Employee : Sambhaji Khandero Waghmare
Name of the University : SPPU, Pune
Padnam badal GR : PUP 2011/(63/11) Vishi-1 dated 18.02.2011
A
Particulars Revised basic pay Revised basic pay after
considering 1999 Rules padnam badal GR of
18.02.2011
Designation (before/ Assistant Junior Assistant
after) padnam badal GR (General)
Designation and Basic Pay Assistant 3050 Junior Assistant
on 01.01.1996 (Pay Scale 3050-4590) (General) 4000
(Pay scale 4000-6000)
Promotion (18/11/1997) Senior Assistant 4000 Senior Assistant
(Pay scale 4000-6000) (General) 5500
(Pay scale 5500-9000)
Existing scale of pay as on 4000-6000 5500-9000
01.01.2006
Revised pay structure 5200-20200 9300-34800
with GP 2400 with GP 4300
Existing Basic Pay as on 4800 6900
01.01.2006
Pay in the pay band (after
multiplying factor 1.86 8930 12840
and rounding off to next
multiple of 10)
Grade pay attached to the
scale 2400 4300
Revised basic pay (Pay
plus grade pay) 11330 17140
Difference in Basic Pay in
Rs. B-A 5810
Remarks: Designation and pay scales were changed retrospectively from
01.01.1996. The GR dated 27.08.2009 relating to Staffing pattern of SPPU
incorrectly mentioned the posts of Assistant, Assistant (Accounts), Senior
Assistant (General) and Senior Assistant (Accounts) as Junior Clerk (General),
Junior Clerk (Accounts), Senior Clerk (General) and Senior Clerk (Accounts)
respectively. Later, vide GR dated 18.02.2011 the nomenclatures of Junior Clerk
(General), Junior Clerk (Accounts), Senior Clerk (General) and Senior Clerk
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(Accounts) were changed to Junior Assistant (General), Junior Assistant
(Accounts), Senior Assistant (General) and Senior Assistant (Accounts) with
upgraded scales of fifth and sixth pay. The Annexure to the GR however
mentioned that the pay scales of Vth pay were unrevised pay scales, which was
incorrect.
3. BAMU, Aurangabad
Name of the Employee : Shakeel Ahmed Rampure
Name of the University : Dr. BAMU, Aurangabad
Padnam badal GR : BAMU-2011 (138/11)/ Vishi-1 dated 07.04.2011
A
Particulars Revised basic pay Revised basic pay after
considering 1999 Rules padnam badar GR of
07.04.2011
Designation (before/ after) Senior Clerk Senior Assistant
padnam badal GR
Designation and basic pay on Senior Assistant 4000 Senior Assistant
Promotion dt. 28.04.2005 (Pay scale 4000-6000) 5500
(Pay scale 5500-9000)
Existing scale of pay as on 4000-6000 5500-9000
01.01.2006
Revised pay structure 5200-20200 with GP 9300-34800 with GP
2400 4300
Existing Basic Pay as on 4000 5500
01.01.2006
Pay in the pay band (after
multiplying factor 1.86 and 7440 10230
rounding off to next multiple
of 10)
Grade pay attached to the
scale 2400 4300
Revised basic pay (Pay plus
grade pay) 9840 14530
Difference in Basic pay in Rs. B-A 4690
Remarks : The designation and pay scales were changed retrospectively.
Government Resolution dated 17.09.2009 (Staffing pattern of BAMU) at Serial
No.39 the nomenclature of the post of Senior Assistant was incorrectly
mentioned as Senior Clerk instead of Senior Assistant. Thereafter, vide GR
7/4/11, the designation of Senior Clerk was changed to Senior Assistant. The
Annexure to the GR however mentioned that the pay scales of Vth pay were
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unrevised pay scales, which was incorrect. The pay scales were upgraded from
4000-6000 to 5500-9000.
4. SU, Kolhapur
Name of the Employee : Dhond Omprasad Dattatray
Name of the University : Shivaji University, Kolhapur
Padnam badal GR : SUK 2011/(71/11) Vishi-1 dated 24.02.2011
A
Particulars Revised basic pay Revised basic pay after
considering 1999 Rules padnam badal GR of
24.02.2011
Designation (before/ Laboratory Assistant Laboratory Technician
after) padnam badal GR
Designation and basic Pay 4000 5500
on Promotion dt.
28.04.2005
Existing scale of pay as on 4000-6000 5500-9000
01.01.2006
Revised pay structure 5200-20200 9300-34800
with GP 2400 with GP 4300
Existing Basic Pay as on 4100 5675
01.01.2006
Pay in the pay band (after
multiplying factor 1.86 7630 10560
and rounding off to next
multiple of 10)
Grade pay attached to the
scale 2400 4300
Revised basic pay (Pay
plus grade pay) 10030 14860
Difference in Basic pay in
Rs. B-A 4830
Remarks : The designation and pay scales were changed retrospectively from
the date of joining i.e. 05.06.2004.
54 It has been further observed by the Committee that the
implementation of change in designation (padnam badal) has been
done. In case of Savitribai Phule, Pune University, the change in
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'designation' and 'number of posts' was approved vide Government
Resolutions dated 2nd November 2010, 18th February 2011 and 3rd
November 2012. The existing pay scales in the fifth pay scale were
enhanced, the pay of the employees was refixed from 1 st January
1996 notionally. The sixth pay scales equivalent to the enhanced
fifth pay were also applied from 1st January 2006 and actual
financial benefits were granted from 1st January 2006. In case of
Shivaji University, Kolhapur, change in 'designation' and 'number of
posts' was approved vide Government Resolution dated 24th
February 2011. The notional fixation was done from 1st January
1996 and actual financial benefits given from 1 st March 2012. In
case of Kaviyatri Bahinabai Chaudhari, North Maharashtra
University, Jalgaon, change in 'designation' and 'number of posts'
was approved vide GR dated 26th October 2010 and notional fixation
of pay was made from 1st January 1996. In case of Dr.Babasaheb
Ambedkar, Marathwada University, Aurangabad, change in
'designation' and 'number of posts' was approved vide GR dated 7 th
April 2011. The existing pay scales were enhanced and were
notionally fixed from 1st January 1996. The financial benefits were
however, allowed from 7th April 2011. In case of Sant Gadgebaba
Amravati University, Amravati, change in 'designation' and 'number
of posts' was approved vide GR dated 22 nd November 2011. The
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existing pay scale was enhanced and were fixed only from 1 st
January 2006. In case of Gondwana University, Gadchiroli, change
in 'designation' and 'number of posts' was approved vide GR dated
15th February 2012. There were change in designation in 10 posts
but their existing pay in the fifth pay and sixth pay were not
enhanced. Only the post of peon which was carved out of posts of
Chowkidar, Gardner, Sweeper and Engineering coolie were granted
the higher grade pay of Rs.1600/- instead of Rs.1300/-. Recruitment
to these posts were done only after 15 th February 2012 and the
benefit of enhanced sixth pay accrued to them from their date of
joining.
55 In light of that, it would not be possible to accept the
contention of the Petitioners that the change in the pay scale and/or
change in the nomenclature was legitimately done. The impugned
Government Resolution does not suffer from any illegality.
56 The next contention is about the recovery. According to the
Petitioners, the Petitioners are not responsible for issuance of the
Government Resolutions and that it is the University who had sent
the proposals and sanctioned by the Higher and Technical Education
Department. It would appear that the majority of the Petitioners are
the beneficiaries of the Government Resolutions increasing their pay
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scales and the change of their designations. The same was not
warranted in view of the facts and circumstances on record. These
Petitioners are unduly benefited. As such, protection cannot be
given to them. At the same time, recovery in lump-sum would be too
inequitable.
Reliance of the Petitioners in the case of Meghraj Annasaheb
Pandit (supra) to which one of us (Acting Chief Justice) was a
party, would not enure to the benefit of the Petitioners. In the said
case, this Court had applied the Doctrine of Indoor Management in
observing that the employees may not be responsible for the lapse in
not obtaining the concurrence of the Finance Department. In the
present case, the aforesaid facts and circumstances would not apply
in view of the narration above except for those who have been
appointed after the issuance of the Government Resolution with
change of designation and revised pay scales.
57 Much reliance was placed on the judgment of the Apex Court in
the case of State of Punjab & Ors. v. Rafiq Masih (White Washer)
& Ors. (Supra). In the said case, the Apex Court observed that
benefit of non recovery cannot extend to employee merely on the
ground that he was not accessory to mistake committed by the
employer or was not guilty of furnishing any factually incorrect
information or fraud or misrepresentation. The Apex Court, in that
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case, further observed that the order passed by the employer
seeking recovery of monetary benefits wrongly extended to the
employees, can only be interfered with, in cases where such
recovery would result in a hardship of a nature, which would far
outweigh, the equitable balance of the employer's right to recover.
The Apex Court laid down four parameters therein, such as; (i)
recovery from employees belonging to Class III and Class IV, (ii)
recovery from retired employees or employees who are due to retire
within one year of order of recovery, (iii) recovery from employees
to whom excess payment has been made for a period in excess of five
years, and (iv) recovery in cases where employee is wrongfully
required to discharge duties of higher post.
58 The Apex Court, in the case of Chandi Prasad Uniyal & Ors.
(Supra) observed that any amount paid / received without
authority of law, held, can always be recovered. Law imposes an
obligation on payee to repay the money lest it would amount to
unjust enrichment. In the said judgment, the Court also considered
the judgment of the Apex Court in the case of Sayed Abdul Qadir
Vs. State of Bihar 7.
59 In the present case, it is not merely a case of wrong pay
fixation, however, the revision in pay fixation arrived at without
7 (2009) 3 SCC 475
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concurrence of the Finance Department. The revision of pay scale
was without the authority under the law. The designations were
changed with retrospective effect. The revision of pay scale was also
with retrospective effect. Constantly, proposals for revision of pay
scale with retrospective effect and change in designation were
submitted by University and to the knowledge of the Petitioners. It
cannot be said that it is iniquitous mistake of revision of pay with
retrospective effect. In such case, it would be difficult to accept the
contention that the recovery can never be claimed by the
Respondents.
60 Perusal of the report submitted by the Committee appointed by
this Court under order dated 7th February 2020, it would be manifest
that there would be some candidates who may not have been unduly
benefited. Persons unduly benefited cannot be granted relief. As far
as those persons who were not unduly benefited, but because of the
illegality of the issuance of the Government Resolution on account of
non obtaining the concurrence of the Finance Department, for them,
the corrective steps can be undertaken and the benefit, as was,
applicable to them can be extended by correcting the procedural
deficiencies. It has also been brought on record that in some
Universities, as per the changed designations new appointments are
made. As far as new appointments are made the persons who are
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appointed after the issuance of the Government Resolutions from
the year 2010 to 2012, they cannot be held responsible for issuance
of the Government Resolution. The steps may be taken to
accommodate those employees accordingly on the post available,
because, those employees may have worked already for 4 to 5 years
before issuance of the impugned Government Resolution. The State
and the University shall take up such exercise at the earliest.
61 In view of the above discussion we pass the following order:
a. The challenge to the Government Resolution dated 17 th
December 2018 and dated 1st January 2019 revoking the
Government Resolutions dated 2nd November 2010, 18th
February 2011, 3rd November 2012, 7th February 2011, 24th
February 2011, 26th October 2010, 22nd November 2011 and
15th February 2012 issued by the Higher and Technical
Department, Mumbai stands rejected.
b. The prayer not to recover the excess amount paid due to
revised pay fixation with retrospective effect in respect of
those who were in service when the Government Resolutions
from the year 2010 to 2012 were issued and were unduly
benefited (as per the report of the Committee), is rejected.
c. The salary which they were entitled to from time to time
as per 6th and 7th Pay Commission be calculated and excess
amount be recovered by reasonable installments.
d. Recovery may not be effectuated from the employees
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appointed after the Government Resolutions from the year
2010 to 2012. Endeavour shall be made to accommodate them
in available post.
e. If promotions are given to some employees after the
Government Resolutions from the year 2010 to 2012, then the
same be verified and necessary steps be taken to post them in
appropriate post.
f. The Respondents may calculate the salary which the
Petitioners would be entitled to as per the 6 th and 7th Pay
Commission, had the Government Resolutions that were set
aside under the impugned Government Resolutions would not
have been issued.
g. The aforesaid exercise shall be done by the Universities,
the Higher and Technical Education Department, jointly and
expeditiously.
h. All the Writ Petitions and the Public Interest Litigation
stand disposed of. No costs.
i. All Civil / Interim Applications stand disposed of.
(R.N.LADDHA,J.) (ACTING CHIEF JUSTICE)
62 At this stage, the learned Counsel for the Petitioners submit
that the interim orders were passed in these matters and the same
were operating. Same be continued.
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63 Mr.Kumbhakoni, the learned Counsel for the Respondents
opposes the said request.
64 Considering that the earlier interim orders were in force, the
recovery shall not be effectuated for a further period of four weeks
from today.
65 Needless to state that on lapse of four weeks from today, the
present protection granted shall come to an end.
(R.N.LADDHA,J.) (ACTING CHIEF JUSTICE)
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