Prabhavati Sudhakar Kamble And ORS v. Arts Commerce And Science College Throug Principal

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8770 OF 2021 Sindhu Bhagwantsinh Bhagwat and Ors.

... Petitioners V/s.

The State of Maharashtra and Ors.

... Respondents with WRIT PETITION NO. 5134 OF 2017 Prabhavati S. Kamble and Ors.

... Petitioners V/s.

Arts, Commerce & Science College, Falus through Principal and Ors.

... Respondents with WRIT PETITION NO. 2411 OF 2020 Ashok D. Janave ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents with WRIT PETITION NO. 2419 OF 2020 Vimal S. Mali and Ors.

... Petitioners V/s.

The State of Maharashtra and Ors.

... Respondents with WRIT PETITION NO. 11792 OF 2018

Suhas A. Gaikwad and Anr.

... Petitioners V/s.

The State of Maharashtra and Ors.

... Respondents with WRIT PETITION NO. 910 OF 2020 Sandhya K. Kokare and Ors.

... Petitioners V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Ashutosh Gavnekar i/b. C.G. Gavnekar for the Petitioners in all matters.

Ms. P.J. Gavhane, AGP for the Respondents 1 to 5 CORAM : SUNIL B. SHUKRE & AMIT BORKAR, JJ.

DATE : 22 FEBRUARY 2022 P.C. :- Heard the learned Counsel for the Petitioners, the learned AGP for the Respondent Nos. 1 to 5. Nobody is present for the Respondent Nos. 6 and 7, though duly served. 2.

On 9 December 2021 the Division Bench of this Court while issuing notice observed in paragraph No.9 as under : "9. Mr. Gavnekar, learned counsel for the petitioners in the above writ petitions invited our attention to the order dated 6 December 2021 passed by this Court in case of Bhaskarrao Ramdas Kadam vs. Chatrapati Shivaji

College, Satara & Ors. in Writ Petition No.4374 of 2018 and would submit that this Court after adverting to the Government Resolution dated 29 October, 2021 held that the petitioner was not required to clear the NET/SET tests for the period mentioned therein and would be eligible for payment of pension. He submits that the said order would apply to the facts of these cases.

3.

The learned Counsel agree that the case of the Petitioners is covered by the decision of this Court rendered on 6 December 2021 as referred to above. That being the position now only procedural formalities remain. These are as pointed out by the learned Counsel for the Respondent - Management for submission of fresh proposal.

4.

Accordingly, we direct the Respondent Nos. 6 and 7 in Writ Petition Nos. 8770/21, 2411/20, 2419/20, 11792/18 and 910/20 and the Respondent Nos. 1 and 2 in Writ Petition No. 5134/17 to submit the proposal for payment of pension to the Petitioners through the Respondent Nos. 2 to 5 while ensuring that all the formalities are completed.

5.

We further direct the Respondent Nos. 6 and 7 to submit to send such proposal within a period of two months from the date of the order and we further direct the Respondent Nos. 2 to 5 to release the pension within a period of one month from the

receipt of the proposal from the Respondent Nos. 6 and 7. 6.

The Writ Petitions are accordingly disposed of. AMIT BORKAR, J.

SUNIL B. SHUKRE, J.

JYOTI PRAKASH PAWAR JYOTI PRAKASH PAWAR Date: 2022.02.23 11:53:45 +0530