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Bombay High CourtWP/15462/2022disposed off

Dr. Vijaykumar Gulabrao Walwe v. The State Of Maharashtra, The Director Of Education, (Higher Education) And ORS

2022-12-14Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Justice Sharmila U. Deshmukh2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15462 OF 2022 Dr. Vijaykumar G. Walwe.

...Petitioner.

Versus

The State of Maharashtra & Others.

..Respondents.

------ Mr. Anuj Tiwari for the Petitioner.

Smt. P. J. Gawhane, AGP for the Respondent-State. ------ CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ.

Date : December 14, 2022.

P. C. :

1.

Leave to amend. Amendment be carried out forthwith. 2.

The claim put forth by the Petitioner is that of the promotion to the post of Professor, which he has already been granted with effect from 14th January 2022 as reflected in the recommendation made by the Respondent-Principal for fixation of pay under the CAS promotion. Our attention is invited to the recommendation of the Selection Committee (CAS) of the Respondent-University wherein the date of promotion to the Petitioner on the post of Professor that is academic level 14, is granted as on 23rd July 2021. 3.

The case of the Petitioner is that he should have been granted promotion with effect from 14th January 2021 and not from Patil_sr 1 / 2 by SACHIN RAMCHANDRA PATIL Date:

2022.12.15 12:09:43 +0530 SACHIN RAMCHANDRA PATIL

14th January 2022.

4.

If we appreciate the aforesaid submissions, particularly having regard to the fact that the Petitioner on earlier occasion was held to be qualified and his candidature was recommended on year to year basis, in our opinion, the grievance of the Petitioner can be dealt with under section 79 of the Maharashtra Public Universities Act, 2016 by the grievance committee of the RespondentUniversity. 5.

In this view of the matter, we permit the Petitioner to tender the present petition to the Respondent-University, who shall place it before the grievance committee. We direct the grievance committee to decide the claim of Petitioner expeditiously. 6.

The petition stands disposed of.

[Sharmila U. Deshmukh, J.] [Nitin W. Sambre, J.] Patil_sr 2 / 2