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Bombay High CourtWP/8079/2018rule absolute

Dr. Anand S/O Sheshadri Kahalekar And Another v. The State Of Maharashtra, Thr. Deputy Secretary, Medical Education And Drugs Dept., Mumbai And ORS

2022-09-19Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice G. A. Sanap3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.8079 OF 2018

1) Dr. Anand s/o Sheshadri Kahalekar, aged about 43 years, occupation :

Service, office of D.M.M. Ayurved Mahavidyalaya, Shivaji Nagar, Arni Road, Yavatmal, Tahsil and District Yavatmal.

2) Umesh s/o Narayan Patil, aged about 43 years, occupation :

Service, office of D.M.M. Ayurved Mahavidyalaya, Shivaji Nagar, Arni Road, Yavatmal.

...

Petitioners - Versus -

1) State of Maharashtra, through Deputy Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai - 32.

2) Director, Ayurved, Ayush Directorate, State of Maharashtra, 4th floor, G.T. Hospital, Campus, P.D. Demelo Fort, Mumbai.

3) Assistant Director, Ayurved, Administrative Building No.1, First floor, Civil Lines, Nagpur.

4) Maharashtra University of Health Sciences, Nasik, Vani-Dindhori Road, Mhasrul, Nashik-422004, through its Registrar.

5) D.M.M. Ayurved Mahavidyalaya, Shivaji Nagar, Arni Road, Yavatmal, Tahsil and District Yavatmal, through its Principal.

...

Respondents ----------------- Shri I.G. Meshram, Advocate for petitioners. Shri N.S. Rao, Assistant Government Pleader for respondent nos.1 to 3.

Shri V.B. Bhise, Advocate for respondent no.5 ---------------- CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATED : SEPTEMBER 19, 2022 ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Rule. Rule is made returnable forthwith. Heard finally by consent of Shri Meshram, learned Counsel for the petitioners, Shri Rao, learned Assistant Government Pleader for the respondent nos.1 to 3 and Shri Bhise, learned Counsel for the respondent no.5. 2) The issue involved in this petition is identical to one involved in Writ Petition No.3200/2018, which has been disposed of today. As such, this petition deserves to be disposed of on similar lines as Writ Petition No.3200/2018.

3) We accordingly direct the respondent no.2 to consider afresh the case of the petitioner nos.1 and 2 regarding grant of

benefit of academic grade pay of Rs.10,000/- to them with effect from 6/4/2014 and 1/4/2013 respectively in the light of the directions contained in the communication dated 26/7/2019 issued by the respondent no.1 to respondent no.2, by ignoring the earlier rejection of the same request made by the petitioners. The decision shall be taken within four weeks from the date of receipt of this judgment.

4) Rule is made absolute in the above terms. No costs. JUDGE JUDGE khj JESWANI