Bombay High Court
Dr. Madhusudan Ramchandra Joshi And ... vs The State Of Maharashtra Thr. Secretary ... on 3 May, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2024:BHC-NAG:5310-DB
1 935-wp 3062.2016 + 5.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3062 OF 2016
( Dr. Sheshrao s/o Laxmanrao Jadhao and others vs. The State of Maharashtra and others )
WITH
WRIT PETITION NO.2508 OF 2017
( Sitaram Kashiram Shivankar and others vs. The State of Maharashtra and others )
WITH
WRIT PETITION NO.3176 OF 2016
( Mahadeo s/o Dhondabaji Chaudhari and others vs. The State of Maharashtra and others )
WITH
WRIT PETITION NO.4628 OF 2016
( Shri Gajanan Mansaram Borkar and others vs. The State of Maharashtra and others )
WITH
WRIT PETITION NO.4359 OF 2016
( Dr.Madhusudan Ramchandra Joshi and others vs. The State of Maharashtra and others )
WITH
WRIT PETITION NO.750 OF 2016
( Dr.Vitthal s/o Ramdaspant Bhamburkar vs. The State of Maharashtra and others )
Office Notes, Office Memorandum of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Writ Petition Nos. 3062/2016, 3176/2016 :-
Mr. B.G.Kulkarni and Mr.A.D.Bhate, Advocates for the petitioners.
Ms.T.H.Khan, Assistant Government Pleader for respondent Nos.1
and 2.
Mr. Arun Agrawal, Advocate for respondent No.4.
Mr. A.M.Joshi, Advocate for respondent No.5
Mr. A.R.Patil, Advocate for respondent No.6.
Writ Petition No. 2508/2017 :-
Mr. B.G.Kulkarni, Advocate for the petitioners.
Ms.T.H.Khan, Assistant Government Pleader for respondent Nos.1
and 2.
Mr. Arun Agrawal, Advocate for respondent No.4.
Mr. N.S.Deshpande, DSGI for respondent No.5
Mr. A.R.Patil, Advocate for respondent No.6.
Writ Petition Nos. 4628/2016, 4359/2016 :-
Mr. B.G.Kulkarni, Advocate for the petitioners.
Ms.T.H.Khan, Assistant Government Pleader for respondent Nos.1
and 2.
Mr. Arun Agrawal, Advocate for respondent No.4.
Mrs.M.R.Chandurkar, Advocate for respondent No.5.
Mr. Upendra N.Vyas, Advocate for respondent No.6.
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Writ Petition No.750/2016 :-
Mr. V.G.Bhamburkar, Advocate for the petitioner.
Ms.T.H.Khan, Assistant Government Pleader for respondent Nos.1
to 3.
Mr. A.Z.Jibhkate, Advocate for respondent No.4 and 5.
CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
DATE : MAY 03, 2024
In all these petitions, the issue canvassed is claimed
to be covered by the Judgment pronounced on 02/02/2024
delivered in Writ Petition No.5042 of 2016 (Association of
College and University Superannuated Teachers,
(Maharashtra) vs. Union of India and others) along with
connected matter, decided by the Aurangabad Bench.
2) Based on above, this Court has already disposed of
petitions on 22/04/2024. As far as the status of the petitioners
as that of employees of respondent Universities are concerned,
the respondent University is not disputing the said factual
matrix.
3) In that view of the matter, the issue is squarely
governed by the Judgment delivered in Writ Petition No.5042 of
2016. That being so, we deem it appropriate to allow the
petitions for the reasons which are already recorded in the above
referred Judgment.
4) It is directed that the respondents shall take steps
in the light of the observations and conclusions made in the said
Judgment and shall revise the pension of the petitioners as early
as possible in any case within four months from the date of this
order. It will be also worthwhile to mention here that
Aurangabad Bench in categorical terms have observed that the
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said Judgment shall govern not only the petitioners, but also the
Members of similarly situated persons.
5) As such, all these petitions are allowed in terms of
the aforesaid Judgment.
6) Civil Application/s, if any stands disposed of.
( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. )
KOLHE
Signed by: Mr. Ravikant Kolhe
Designation: PA To Honourable Judge
Date: 06/05/2024 11:01:45
