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Bombay High CourtCAW/1280/2021ca disposed off

Vinod S/O Deokumar Guldekar v. State Of Maha. Thr. Secy., Dept. Of Agri. Animal Hus. Dairy Dev. And Fisheries, Mumbai And ORS

2021-09-14Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Anil S. Kilor2 pages

wp3473.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAW) NO.1280/2021 AND WRIT PETITION NO.3473/2021 Dr. Vinod S/o Deokumar Guldekar ..Vs..

The State of Maharashtra and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Mr. Bhanudas G. Kulkarni, Advocate for the petitioner. CORAM :- SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED :- 14.9.2021.

Heard.

2.

The contention of the petitioner is that he was promoted straightway to the post of Associate Professor w.e.f. 10th August, 2005 and, therefore, he could never have been treated as falling in the same category as those Associate Professors who were brought in the pay-scale of Assured Career Progression Scheme. Learned counsel for the petitioner submits that it is for this reason, no pay revision in respect of the salary payable to the petitioner could have been done by the respondents and no recovery of any amount, on the ground of alleged excess payment, could have been effected by the respondents. On this ground, interim relief has been sought for which reliance has been placed on the similar orders of interim relief granted in identical Writ Petition No.803/2019 pending before principal seat at Bombay and Writ Petition No.13634/2018 and Writ

wp3473.2021.odt Petition No.13858/2018 pending before Aurangabad Bench and Writ Petition No.2623/2019 pending before this Bench.

3.

Considering the submissions made on behalf of the petitioner and also the interim relief granted in the petitions, having similar facts and circumstances, there shall be interim stay to the effect and operation of the communication dated 31st August, 2021. Meanwhile, issue notice for final disposal at admission stage to the respondents.

4.

Ms K.S. Joshi, learned In-charge Government Pleader waives notice for respondent No.1.

5.

Mr. Arun Patil, learned counsel waives notice for respondent No.3.

6.

Civil application (CAW) No.1280/2021 is disposed of accordingly. No costs.

7.

Stand over to four weeks.

JUDGE JUDGE Tambaskar.