Nagpur University Teachers Association, Through Its Secretary, Shri. Anil Wamanrao Dhage And Others v. The State Of Maharashtra, Through Its Principal Secretary, Dept. Of Higher Education, Mumbai And Or

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION Nos. 5647 & 6516 OF 2015.

Nagpur University Teaches Association and others. -VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

DATE : JULY 25, 2016.

Heard Shri A.I. Sheikh, learned Counsel for the petitioners and Mrs. K.S.Joshi, learned A.G.P. for respondents.

2.

The controversy is covered by judgment dated 01.08.2012 in Writ Petition Nos. 2630/2010 and 2957/2010 delivered at Auragabad Bench. One of us (B.P. Dharmadhikari, J) is party to that judgment. Similar view is taken while deciding Writ Petition No.5466/2006 and other connected matters on 02.05.2014 at Bombay.

3.

Learned A.G.P. has however, pointed out that Special Leave Petition has been filed before the

Hon'ble Supreme Court and it came to be dismissed in default. According to her, instructions have been given to take necessary steps to get the S.L.P. restored. 4.

In this situation, as controversy is already covered by the adjudications and entitlement of lecturers like petitioners to fixation at Rs,14940/- after completion of 5 years in selection cadre is already accepted, we direct the respondent nos. 4 and 5 to undertake necessary exercise and to find out the relevant date for that purpose in case of each petitioner. This exercise shall be subject to further orders of the Hon'ble Supreme Court in SLP, after it is restored.

5.

The directions be complied within a period of four months from today.

6.

If any amount is thereafter found payable to the petitioners, the same shall be made over to them within next four months, subject to further orders of the Hon'ble Supreme Court in the matter.

7.

We find that at Bombay interest @ 8% p.a.

has been ordered to be paid. Petitioners here are also entitled to said interest from 08.09.2015 (date of filing of petition), till it is actually received by them.

8.

In view of above, both the Writ Petitions are partly allowed and disposed of. No costs. JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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