Dr.Uday Baburao Jadhav v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2702/2014 Dr.Uday Baburao Jadhav Age 39 years, Occu-Service R/o Warad Niwas, Lokmanya Nagar Chakur, Tq. Chakur, Dist.Latur .. PETITIONER

Versus

1] The State of Maharashtra Through its Secretary Higher Education Department Mantralaya, Mumbai-32 (Copy to be served on G.P.

High Court of Bombay Bench at Aurangabad) 2] Director of Higher Education Maharashtra State,Pune 3] Joint Director of Higher Education Nanded Region, Nanded 4] Swami Ramanand Tirth Marathwada University Vishnupuri, Nanded, through its Registrar.

5] University Grant Commission Bahadur Shah Jafar Marg, New Delhi-110002 Through its Secretary 6] Lokayat Education Society's Bhai Kishanrao Deshmukh College Chakur, Tq. Chakur, Dist.Latur Through its Principal .. RESPONDENTS ...

Mr.N.S.Kadam,Adv. for petitioner

-2Mr.G.K.Thigale,AGP for respondent nos. 1 to 3. Mr.Y.V.Kakade,Adv. for Respondent no.4 Mr.Alok Sharma,Standing Counsel for Respondent no.5 Mr.M.P.Tripathi, Adv. For respondent no.6.

...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 23rd February, 2015.

ORAL JUDGMENT [PER S.V.GANGAPURWALA,J. :

1] Rule. Rule made returnable forthwith. The learned A. G. P. waives notice of rule. With the consent of parties taken up for final hearing.

2] The petitioner impugns the letter dated 6/6/2013 directing to refix the pay scale.

3] Learned counsel for the petitioner states that the petitioner has been conferred with the P.H.D. Degree on 25/12/2009 and is qualified as per notification dated 31/7/2002 issued by University Grants Commission. The petitioner is exempted from passing NET/SET in view of the fact that he possesses PHD. According to the learned counsel, the letter assailed in the present Writ Petition is erroneous and same does not stand to any reason. The recovery cannot be made as there is no case of wrong fixation of the salary. This Court vide its judgment and order dated 28/8/2013 delivered in Writ Petition No.5271/2013 with other connected writ petitions, has already set aside similar communication.

-3The communication dated 6/6/2013 was also subject matter of the said Writ Petition which is set aside by this Court. 4] It is not disputed by respondent that the petitioner possesses the PHD qualification. The petitioner is granted benefit of senior pay scale so also selection grade and the entries are taken in the service book. The case of the present petitioner is covered by the judgment of this Court dated 28/8/2013 delivered in Writ Petition No.5271/13 with other connected Writ Petitions.

5] For the reasons stated in the judgment in Writ Petition No.5271/13 with other connected Writ Petitions, the impugned communication dated 6/6/2013 issued by Joint Director of Higher Education is quashed and set aside and the same would be ineffective as against present petitioner. 6] Rule accordingly is made absolute in above terms. No costs.

V.L.ACHLIYA,J.

S.V.GANGAPURWALA,J.

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