Mahatma Phule Krishi Vidyapeeth Rahuri Dist Ahmednagar v. Chandrabhagabai Vitthal Patil

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4611 OF 2018 (Mahatma Phule Krishi Vidyapeeth Vs. Chandrabhagabai Vitthal Patil) WITH WRIT PETITION NO.4612 OF 2018 Mr.M.N.Navandar, Advocate for the petitioner. Mr.A.D.Shinde h/f Mr.V.Y.Patil, Advocate for the respondent. ( CORAM : Ravindra V.Ghuge, J.) DATE : 22/01/2019 PER COURT :

1.

In both these petitions, the learned Advocate for the petitioner/University has strenuously criticized the impugned judgment and order dated 14/10/2016 delivered in Complaint (ULP) No.10/2013 and 11/2013. He draws my attention to the grounds formulated in the memo of the petitions and contends that the Industrial Court has committed a gross error in granting pensionary benefits to the respondents/employees though they have completed a little less than 10 years of service which is the qualifying service as per Rule 110(2)(b) of the M.C.S.Pension Rules, 1982. 2.

Learned Advocate appearing on behalf of the respondents submits that the issue decided by the Industrial Court in the khs/JAN.2019/4611-d

- 2 - impugned judgments is no longer res-integra. This Court has already delivered an extensive judgment in the matter of Mahatma Phule Krishi Vidyapeeth, Ahmednagar Vs. Ganpat s/o Kisan Karle [2016(3) AIR Bom.Reporter 697]. He further submits that this judgment has been sustained by the Hon'ble Apex Court. 3.

In view of the above, both these petitions are disposed of. Since the impugned judgments are delivered on 14/10/2016 and considering the passage of about 2 years and 3 months, it is expected that the petitioners shall implement the said order as expeditiously as possible and within a period of 12 (twelve) weeks from today. ( Ravindra V.Ghuge, J.) khs/JAN.2019/4611-d