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Bombay High CourtWP/7131/2022disposed off

Satish Gopalkrushna Joshi v. The Joint Director Of Higher Education, Amravati Division, Amravati And Others

2024-10-01Hon'Ble Smt. Justice Bharati Harish Dangre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:11078-DB 1 930-wp 7131.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7131 OF 2022 ( Dr. Satish Gopalkrushna Joshi vs. The Joint Director of Higher Education, Amravati Division, Amravati and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.M.Vaishnav, Advocate for the petitioner. Mr. S.M.Ukey, Additional Government Pleader for the respondent No.1.

Ms.Shruti Shahakar, Advocate h/f Mr.N.S.Badhe, Advocate for respondent No.2.

CORAM : BHARATI DANGRE AND ABHAY J. MANTRI , JJ.

ATE : OCTOBER 01 , 2024 Mr.Vaishanv, learned Counsel appearing for the petitioner has invited our attention to the order passed by the Division Bench of this Court on 23/11/2015 in Writ Petition No.4669/2013 decided on 23/11/2015, wherein the petitioner challenged the order of the Joint Director of Education declaring him as surplus and directing his absorption in another college. 2) The learned Assistant Government Pleader appearing for the State Government make a categorical statement that the petitioner would be entitled to continuity in service, but he would not be entitled to salary for the period during which he did not join the School. Upon the grievance of the petitioner being partially redressed, the petition came to be disposed of.

3) Today the petitioner is seeking a prayer connected to the said relief which was already granted in his favour i.e. granting benefit of promotion in AL-12 category with effect from 30/04/2017, thereby treating the break in service to be a period

2 930-wp 7131.2022.odt of service i.e. from 15/08/2013 to 29/04/2014. Since this relief was already granted in favour of the petitioner, we expect the respondent Authorities and in specific the Joint Director of Higher Education to confer the benefit of promotion to him by treating his service to be continued.

4) Let the aforesaid exercise be carried out within a period of six weeks from today.

5) With these directions, the writ petition stands disposed of.

( ABHAY J. MANTRI, J. ) ( BHARATI DANGRE, J. ) KOLHE