Bombay High Court
Shri. Narayan Vishwanath Dandge vs The Dean, Bj Medical College, Pune And ... on 10 January, 2024
Author: Avinash G. Gharote
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:368-DB
1 202.WP.3335-2010 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 3335 OF 2010
Shri Narayan Vishwanath Dandge,
Age Adult, Occ. Service,
R/at. 11 Vasumati Co-op. Hsg. Society,
Pushpak Park, Aundh,
Pune - 411 007. PETITIONER
Versus
1. The Dean,
BJ Medical College, Pune - 411 001.
2. The State of Maharashtra,
Through the Secretary to the
Government, in the Medical Education
and Drugs Department, Mantralaya,
Mumbai - 400 032. RESPONDENTS
-----------------------------------------------
Mr. A.C. Dharmadhikari a/w Ms. Ritu Jog, Advocates for the
Petitioner.
Mrs. S.S. Jachak, Addl.GP for the Respondent No.2/State.
-----------------------------------------------
CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ.
DATED : 10th JANUARY, 2024
ORAL JUDGMENT :- (PER : AVINASH G. GHAROTE, J.)
2 202.WP.3335-2010 JUDGMENT.odt
Heard Mr. Dharmadhikari, learned counsel for the
petitioner and Mrs. Jachak, learned Addl.GP for the respondent
No.2/State.
2. The petition questions the impugned judgment
dated 16.07.2008 (page 63) in O.A No. 516/2006 and the order
in review dated 20.03.2009 (page 85) passed by the learned
Maharashtra Administrative Tribunal, Nagpur (for short "MAT"),
which rejects the claim of the petitioner for fixation of his salary
by considering his date of appointment as 10.06.1981 and
granting benefits in accordance with that.
3. It is contended by the learned counsel for the
petitioner, that since this Court by the judgment dated
21.10.2002 in Writ Petition No. 5207/2002 had directed
regularization of the petitioner as a Physicist in the available
post, in pursuance to which by the Government Resolution
dated 05.01.2005, the services of the petitioner were
regularized as a Physicist, he would be entitled to all benefits
considering his date of appointment to be 10.06.1981.
4. Mrs. Jachak, learned Addl.GP for the respondent
3 202.WP.3335-2010 JUDGMENT.odt
No.2/State, supports the judgment of the learned MAT, Nagpur
and contends, that the petitioner is not entitled for such a relief.
5. The following position is not in controversy. The
petitioner who was earlier appointed as Laboratory Technician
Class-II on 15.10.1977 was given adhoc promotion on the post
of Physicist on which he worked from 10.06.1981 to
16.08.1990. This was on the condition that the same shall
continue till the regularly selected candidate from the
Maharashtra Public Service Commission is available. Since, the
regular candidate became available, the petitioner came to be
reverted back to the post of Laboratory Technician on
16.08.1990. This reversion was challenged by the petitioner
before this Court in Writ Petition No. 5207/2002 in which vide
judgment dated 21.10.2002, this Court has set aside the order
of reversion dated 17.07.2000 and directed regularization of the
petitioner as a Physicist in the available post (Page 23).
6. Consequent to the above decision of this Court, the
State issued a Government Resolution on 05.01.2005
regularizing the services of the petitioner as a Physicist on the
4 202.WP.3335-2010 JUDGMENT.odt
following terms.
" 'kklu fu.kZ;&
Jh- ,u-Ogh- naMxs] ^^iz;ksx'kkGk ra=K** ( cS-th-oS|dh;
egkfo|ky;] iq.ks ;kauk ,d fo'ks"k ckc Eg.kwu ^^HkkSfrd'kkL=osRrk**
¼oxZ-2½ ;k inkoj 'kkldh; oS|dh; egkfo|ky; o :X.kky;]
ukxiwj] ;sFks fu;qDrh ns.;kr ;sr vkgs- rlsp ek- mPp
U;k;ky;kP;k U;k; fu.kZ;kuqlkj R;kauk fnukad 10-6-1981 gk
HkkSfrd'kkL=osRrk ¼oxZ-2½ inkoj fu;qDrhpk ekuho fnukad nsÅu
R;kaP;k lsok R;k fnukadkiklwu [kkyhy vVhaP;k v/khu jkgwu
fu;fer dj.;kr ;sr vkgs%&
v½ Jh- naMxs ;kauh HkkSfrd'kkL=osRrk ¼oxZ 2½ inkpk
dk;ZHkkj izR;{k fLo--r dsY;kP;k fnukaadkiklwu R;kauk R;k inkph
osruJs.kh o vuqiafx: ykHk ns; gksrhy-
c½ Jh- naMxs ;kauk HkkSfrd'kkL=osRrk ¼oxZ 2½ inkpk
ekuho fnukad ns.;kr vkY;keqGs R;k inkoj izR;{k u dsysY;k
lsosps dks.krsgh vkfFkZd ykHk izkIr gks.kkj ukgh-
d½ Jh- naMxs ;kaph HkkSfrd'kkL=osRrk ¼oxZ 2½ inkojhy
fu;qDrh vuwlwfpr tkrhlkBh jk[kho vlysY;k inkoj dsyh
vlY;kus lnjpk vuq'ks"k iq<s vks<.;kr ;ssÅu ;k inkP;k iq<hy
ljGlsok HkjrhP;k osGh lnjhy vuq'ks"k Hk:u dk<.;kr ;sbZy-"
7. A perusal of the aforesaid terms of regularization
would indicate, that though the services of the petitioner, were
regularized with a notional effect from 10.06.1981, the actual
benefits were denied to him for the duration for which he had
not rendered his services.
8. This would clearly indicate to us, that the petitioner
5 202.WP.3335-2010 JUDGMENT.odt
would be entitled to all the benefits available to him on account
of the regularization of his services, notionally from 10.06.1981.
Though the actual benefits have been denied for the period for
which he has not worked, that would only mean that the
petitioner would be deprived of his salary, HRA, DA etc., for the
said duration, however that would not come in the way of the
fixation of the salary of the petitioner in accordance of the set
norms as the services of the petitioner are held to be continuous
from 10.06.1981.
9. A perusal of the judgment passed by the learned
MAT, Nagpur indicates, that it has tried to travel behind the
judgment of this Court dated 21.10.2002 which directs
regularization of the services of the petitioner, consequent to
which, the same has been done with effect from 10.06.1981. In
the said circumstances, the impugned judgment dated
16.07.2008 passed by the learned MAT, Nagpur as well as the
order in review dated 20.03.2009 are hereby quashed and set
aside and it is held that the petitioner is entitled to all benefits
which would be admissible to him considering his appointment
as dated 10.06.1981.
6 202.WP.3335-2010 JUDGMENT.odt
10. The Petition is accordingly allowed.
11. Rule is made absolute in the above terms. No costs.
12. Pending applications, if any, shall stand disposed of
accordingly.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
S.D.Bhimte
Signed by: Mr.S.D.Bhimte
Designation: PA To Honourable Judge
Date: 11/01/2024 16:05:06
