Mohammad Rafiuddin Naser And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11118 OF 2019 MOHAMMAD RAFIUDDIN NASER AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioners : Mr. Kadam Vishant P. AGP for Respondents No. 1 & 2 : Mr. S. P. Tiwari ...

CORAM:S. V. GANGAPURWALA & SMT. VIBHA KANKANWADI, JJ.

DATE: 14 th OCTOBER, 2019 PER COURT:

1.

The petitioners seek benefit of clause 7(i) of the Government Resolution dated 12.08.2009 and seek five non compounded advance increments on the ground that the petitioners possessed Ph.D.

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. Kadam, learned Advocate for the petitioners submits that the case of the petitioners is covered under the judgment dated 11.02.2019 in Writ Petition No. 1273 of 2018.

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Mr. Tiwari, learned Assistant 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 Writ Petition No. 1273 of 2018 to which one of us (S. V. Gangapurwala, J.) was party observed that the persons possessing Ph.D. 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 Petition stands disposed of accordingly. No costs.

[SMT. VIBHA KANKANWADI, J.] [S. V. GANGAPURWALA, J.] marathe