Anand Tukaram Shewale v. The State Of Maharashtra And Others

2025:BHC-AUG:20320-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1202 OF 2018 Dr. Anand s/o Tukaram Shewale ... PETITIONER

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. Suresh M. Kulkarni, Advocate for petitioner Mr. A.R. Kale, A.G.P. for State Mr. S.W. Munde, Advocate for R.No.3.

.......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 28th JULY, 2025 O R D E R :

The petitioner was promoted as Associate Professor way back in 2014. He was even granted academic Grade Pay of Rs.8000/- w.e.f. 5/4/2014 and Rs.9000/- w.e.f. 5/4/2017. The Screening Committee of the University had cleared the petitioner's pay-scale. The Joint Director, Higher Education, Nanded Division was one of the members of the said Screening Committee. He, however, relying on the

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Government Resolution dated 5/3/2024, turned down the proposal on the ground that no retrospective effect could be given to the promotion granted to the petitioner. 2.

In the recent past i.e. on 24/6/2024, the State of Maharashtra in Higher Education Department, issued amendment to the Government Resolution dated 5/3/2024, withdrawing Condition of not granting promotion with retrospective effect. For better appreciation, the phraseology in the Government Resolution is reproduced hereinbelow : "

समक्रमांकाच्यादिनांक५मार्च, २०२४च्याशासन निर्णयामधील, कोष्टकातील अनुक्रमांक येथील, Amendment या रकान्यातील "Precautions should be taken to not to give promotions with retrospective effect any case,"

हीअट वगळण्यातयेतआहे."

3.

The learned A.G.P. comes around to contend that, in view of withdrawal of the said clause from the concerned Government Resolution, the way for the petitioner to get payscale with retrospective effect has been cleared. The petitioner has already been granted the said benefit. The question was of recovery of the amount received by the petitioner pursuant thereto. He concedes that, in view of the

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amendment to the Government Resolution, no question thereof now remains.

4.

In view of the above, we allow the Writ Petition, setting aside the order dated 1/7/2018 fixing the pay of the petitioner. We relegate the matter back to the respondent No.2- Joint Director to decide the petitioner's claim afresh in the light of the amendment to the Government Resolution, dated 24/6/2024.

5.

Writ Petition stands disposed of.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) FMPathan/-