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Bombay High CourtWP/11812/2022disposed off

Vinod S/O Shankarrao Shegokar And ORS v. The State Of Maharashtra And ANR

2022-10-06Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

Y.S.Patil 38-WP-11812-2022 (C) .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11812 OF 2022 Vinod S-o Shankarrao Shegokar And Ors

...Petitioners

Versus

The State Of Maharashtra And Anr

...Respondents

Mr. S R Barlinge a/w Mr. Deepak Pote for the Petitioners. Mrs. M.P. Thakur, for the State- Respondent Nos. 1 and 2. CORAM : S.V. GANGAPURWALA & R.N. LADDHA, J.J.

DATED : 6th OCTOBER, 2022 P.C. :- 1.

We have heard learned Counsel for the petitioners and learned AGP for the respondents/State.

YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date: 2022.10.07 18:11:55 +0530 2.

The petitioners are similarly situated as the petitioners in Writ Petition No. 12181 of 2019 decided on 7th October 2019, Writ Petition No. 12290 of 2018 decided on 21st January 2019, Writ petition No. 243 of 2007 decided on July 4, 2014 and many such petitions.

3.

The learned AGP submits that the petitioners are the employees of the private institution and not of the University and as such not entitled for the benefits of Government Resolution dated 27th February 2006. Upon going through the judgment in Writ Petition No. 243 of 2007

Y.S.Patil 38-WP-11812-2022 (C) .doc dated July 4, 2014, it would transpire that the present petitioners are similarly situated petitioners as the petitioners in Writ Petition No. 243 of 2007. 4.

In the said writ petition bearing No.243 of 2007 dated 4th July 2014, the State had fled Review Petition bearing No. 119 of 2016 and the same was dismissed on 19th April 2017. The said judgment was assailed before the Apex Court. The Apex Court has confirmed the said judgment.

5.

In the light of above and for the reasons recorded in order dated 4th July 2014 in Writ Petition No. 243 of 2007 alongwith Review Petition No. 119 of 2016 decided on 19th April 2017, present petition is allowed.

6.

Petitioners would be entitled to the benefits of pay scale as per Government Resolution dated 27th February 2006. Arrears shall be paid within six months. 7.

The Writ Petition is disposed of. No costs.

(R.N.LADDHA, J.) (S.V. GANGAPURWALA, J.)