Bombay High CourtCAW/253/2015

Mane Shakuntala Nivrutti v. State Of Maharashtra And ORS

2015-01-30Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPLICATION NO.253 OF 2015 IN WRIT PETITION NO.1466 of 2011 Shakuntala Nivrutti Mane ..

Applicant

Versus

State of Maharashtra & Ors.

Respondents WITH CIVIL APPLICATION NO.259 OF 2015 IN WRIT PETITIONNO.1469 OF 2011 Pokale Sunil Narayan ..

Applicant -VersusState of Maharashtra & Ors.

Respondents WITH CIVIL APPLICATION NO.254 OF 2015 IN WRIT PETITION NO.1472 OF 2011 Pramod Dattatraya Sonawane ..

Applicant

Versus

State of Maharashtra & Ors.

Respondents WITH CIVIL APPLICATION NO.255 OF 2015 IN WRIT PETITION NO.1479 OF 2011 Kisan Mahadeo Gadve ..

Applicant

Versus

State of Maharashtra & Ors.

Respondents

WITH CIIL APPLICATION NO.256 OF 2015 IN WRIT PETITION NO.1480 OF 2011 Aher Rangnat Kisan ..

Applicant

Versus

State of Maharashtra & Ors.

Respondents WITH CIVIL APPLICATION NO.258 OF 2015 IN WRIT PETITION NO.1481 OF 2011 Dnyaneshwar Maruti Mahajan ..

Applicant

Versus

The State of Maharashtra & Ors.

Respondents WITH CIVIL APPLICATION NO.257 OF 2015 IN WRIT PETITION NO.1714 OF 2011 Dr.Gugale Gulab Sheshmal ..

Applicant

Versus

State of Maharashtra & Ors.

Respondents Mr.Yashodeep Deshmukh for applicants Mr.Vikas Mali, AGP for State.

CORAM

SMT. V.A.NAIK & C.V.BHADANG, JJ.

DATE :

30th January 2015.

P.C.

Heard.

The learned counsel for the parties state that the issue involved in these cases stands answered in favour of the petitioners herein by the judgment rendered by the Aurangabad Bench of the Bombay High Court. The learned Assistant Government Pleader for the State does not dispute this position but states that the Special Leave Petition is filed against the judgment rendered by the Aurangabad Bench and the same is pending.

The learned counsel for the parties, however, state that the Hon'ble Supreme Court has passed an interim order in the Special Leave Petition and the Aurangabad Bench of this Court has, in Writ Petition No. 9470 of 2013, passed an order similar to the order passed by the Hon'ble Supreme Court. In view of the aforesaid, we intend to pass a similar order in these cases also.

In view of the UGC Notification /letter dated 4th November, 2008, though the petitioners have not passed the NET/SET examination, they would be entitled to the benefits of career advancement scheme only for the purpose of pay scale, if

they have completed 6 years of service as on that date. The said benefits should be made available within a period of six months. The parties are at liberty to move this Court for an early disposal of the Writ Petitions after the Hon'ble Supreme Court decides the Special Leave Petition. Civil applications are disposed of.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)