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Bombay High CourtWP/5436/2021disposed off

Bhupesh Gopalrao Nemmaniwar v. The State Of Maharashtra And Another

2021-03-30Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

47.wp.5435.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5435 OF 2021 DR. SURESH MANOHARRAO TELANG

VERSUS

STATE OF MAHARASHTRA WITH WRIT PETITION NO.5436 OF 2021 BHUPESH GOPALRAO NEMMANIWAR

VERSUS

THE STATE OF MAHARASHTRA AND ANR.

WITH WRIT PETITION NO.5437 OF 2021 DR. RAJESH BABARAO PATIL

VERSUS

STATE OF MAHARASHTRA WITH WRIT PETITION NO.5438 OF 2021 RAMESH GANPATRAO CHILLAWAR

VERSUS

THE STATE OF MAHARASHTRA AND ANR.

...

Advocate for Petitioner : Mr. Chapalgaonkar S.G. AGP for Respondent/State: Mr. P.K. Lakhotiya ...

CORAM

: S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30/03/2021 PER COURT :

1.

The petitioners in all these Writ Petitions seek benefit of clause 7 (i) of the GR dated 12.08.2009 to the petitioners of five non compounded advance increments on the ground that the petitioners as well possessed 1/2

47.wp.5435.21.odt PHD qualification at the entry level as Assistant Professor. The petitioners are already given benefit of three non compounded advance increments. They are claiming benefit of remaining two advance increments. 2.

Mr. Chapalgaonkar the learned advocate for the petitioners submits that the case of the petitioners is covered under the judgment dated 11.02.2019 in W.P.No. 1273 of 2018.

3.

Mrs. M.A. Deshpande learned Additional Government Pleader after going through the said judgment in Writ Petition No. 1273 of 2018 accedes that the petitioners are similarly situated. 4.

In the said judgment dated 11.02.2019 in W.P.No. 1273 of 2018 to which one of us (S.V. Gangapurwala, J.) was party observed that the persons possessing PHD qualification at the time of entry level as Assistant Professor would be entitled for five non compounded advance increments as per clause 7(i) of the Government Resolution dated 15/07/2010. 5.

In the light of above the petitioners shall be given benefit of five non-compounded advance increments. The earlier benefit of advance increments given shall be adjusted.

6.

Writ Petitions are accordingly disposed of. No costs. ( SHRIKANT D. KULKARNI, J. ) ( S. V. GANGAPURWALA, J.) habeeb 2/2