Dr. Milind B. Sathe v. Rashtrasant Tukadoji Maharaj Nagpur University, Through Registrar And Others

2024:BHC-NAG:1073-DB

(1) mca730.23 & wp 1880.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1880/2020 AND CIVIL APPLICTION (CAW) No.3479/2023 Dr. Milind B. Sathe Vs. Rastrasant Tukdoji Maharaj, Nagpur University and others WITH MCA No.730/2023 IN CAW No.1406/2023 IN WRIT PETITION NO.1880/2020 Rastra Vikas Shikshan Sanstha Khapa through its President Demodhar Bulkaji Parate and others Vs.

Milind s/o Bhaurao Sathe and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Writ Petition No.1880/2020 Ms. Punam D. Pisurde, Advocate h/f Mr. S.V.Sirpurkar, Advocate for petitioner. Mr. R.D.Bhuibhar, Advocate for respondent no.1. Mr. B.G.Kulkarni, Advocate for respondent no.2, 3 and 4. Mr. A.M.Ghogare, AGP for the respondent no.5. MCA No.730/2023 Mr. A.R.Ingole, Advocate for petitioners.

Ms. Punam D. Pisurde, Advocate h/f Mr. S.V.Sirpurkar, Advocate for RESPONDENT No.1.

Mr. A.M.Ghogare, AGP for the respondent no.3. CORAM :

NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

DATED : 25/01/2024.

1.

A joint Pursis dated 25.01.2024 is placed on record and signed by the counsel for petitioners and respondent nos.2 to 4 in Writ Petition No.1880/2020, which reads thus:

"JOINT PURSIS IN WRIT PETITION NO.1880/2020.

The petitioners and respondent Nos.2 to 4 have amicably settled the dispute as under:

(2) mca730.23 & wp 1880.20 01.

The respondent Nos.2 to 4 shall consider the petitioner to have duly joined in college after completion of his Refresher Course in November, 2022 and as such respondent Nos. 2 to 4 have treated the petitioner to be in continuous service with effect from 28.11.2022. 02.

The salary bills of the petitioner from December, 2022 to August 2023 have been already sanctioned by the Joint Director of Higher Education and the salary amounts have been deposited in the Bank account of the petitioner.

03.

The salary bills for the salary from 01.09.2023 to 31.12.2023 have been already submitted by respondent No.3 to the Joint Director which has been processed in the office of the Joint Director, Higher Education, Nagpur. The same shall be deposited in the salary account of the petitioner. An amount of Rs. 5,25,466/- is also deposited before the Hon'ble High Court as per its Order dated 22.12.2023. The respondent No.5 shall withdraw the same only after the sanctioned salary is deposited directly in the account of the petitioner.

04.

The name of the petitioner shall be included in regular monthly salary bill from January 2024 onwards so that the petitioner would be receiving monthly salary along with other teaching staff. 05.

In so far as the benefits under Career Advancement Scheme are concerned the process is governed by the Rules framed by U.G.C. and the University. Hence, the proposals submitted by the petitioner for grant of placements as Assistant Professor (Selection Grade) and

(3) mca730.23 & wp 1880.20 Associate Professor would be forwarded to the University as per Rules without any delay within two weeks of submission by Petitioner. It is for the Competent selection/screening committees to approve the placements. The cause of action in that behalf, if any, would arise only after the decisions of the screening committees. 06.

The petitioner is free to agitate the question of due-date of grant of placement as part of CAS, as and when it arises. 07.

The present petition may kindly be disposed of in terms of this Joint pursis.

08.

Accordingly, M.C.A. No.730/2023 shall also be got disposed of in terms of this Compromise Petition".

2.

The said joint Pursis is taken on record in Writ Petition No.1880/2020 and marked as "X" for identification. 3.

Pursuant of the request made by the respective counsels, we deem it appropriate to dispose of the petition in terms of Pursis along with Misc. Civil Application No.730/2023, as prayed.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Ambulkar