Vikaram Vishwasrao Kalpande v. Dr. Punjabrao Deshmukh Krishi Vidyapeeth, Akola Thr. Its Registrar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL WRIT PETITION NO. 34 OF 2022 PETITIONER :- Dr.Vikaram Vishwasrao Kalpande, aged 46 years, Occup.Service, R/o 5, Rathi Layout, near Madhuri Colddrinks, Khedkar Road, Akola, 444005.

...VERSUS...

RESPONDENTS :- Dr.Punjabaro Deshmukh Krishi Vidyapeeth, Akola through its Registrar, Krishi Nagar, Akola.444104.

-------------------------------------------------------------------------------------------- Mr.Rahul S.Kurekar, counsel for petitioner.

Mr.Abhay Sambre, counsel for respondent.

--------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & ANIL L. PANSARE, JJ.

DATE : 05.01.

.

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) Heard learned counsel for the petitioner and learned counsel for respondent, who appears by waiving notice. 2.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2/3 3.

It is not in dispute that facts of the case of this petition are identical to the facts of Writ Petition No. 2412 of 2020, decided on 09.12.2021 and also 11 other Writ Petitions starting with Writ Petition No.1121 of 2021 decided by common judgment on 09.12.2021 and therefore, the issue involved in this petition has to be held as squarely covered by the view taken in the said judgments and we do so.

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Accordingly, the impugned reversion order is hereby quashed and set aside. We direct that the reasoning adopted in Writ Petition No.2412 of 2020 and also in the group judgment rendered in 11 Writ Petitions starting with Writ Petition No.1121 of 2021 decided on 09.12.2021 shall apply mutatis mutandis to this order. We further direct that the petitioner shall be reinstated as Associate Professor Agricultural Botany within seven days from the date of receipt of the copy of the judgment. We further direct that during the time, the petitioner discharged his duty as Assistant Professor, he shall be reckoned for all purposes as having discharged duty as Associate Professor and that amongst others, he shall be entitled to the difference of pay together with

3/3 continuity in service as Associate Professor. We further direct that all the service and financial benefits shall be released to the petitioner as early as possible and in any case within one month from the date of resumption of duty by him as Associate Professor. The Writ Petition is allowed accordingly.

5.

Rule is made absolute in the aforesaid terms. No costs.

JUDGE JUDGE Signed By:KAVITA PRAVIN TAYADE P. A.