Mr. Nagesh Pandurang Ambekar v. Chief Executive Officer And ORS

bsb 1 WP643.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 643 OF 2015 Rajashri P. Kadam & ors.

... Petitioners v/s University Grants Commission & ors.

... Respondents Mr.S.P. Sarnath for the petitioners.

Mr.M.D. Naik, A.G.P. for the State - Resp. Nos.3 and 4. CORAM: MRS. VASANTI A. NAIK & MRS. MRIDULA BHATKAR, JJ.

DATED : 9TH MARCH, 2015 P.C.:

Heard.

The learned counsel for the petitioners states that the issue involved in this case was also involved in Writ Petition No.8316 of 2013 decided by the Division of the Aurangabad Bench of this High Court, by the judgment dated 12th December, 2013. It is stated that though the State Government has filed a Special Leave Petition against the judgment dated 12th December, 2013 and the same is pending, the Hon'ble Supreme Court has directed the respondents to grant the benefit of the Career Advancement Scheme to those petitioners who have not passed their NET/SET examination but

bsb 2 WP643.15.doc have completed six years of service on the date of Government Notification dated 4th November, 2008, only for the purpose of pay scales.

In view of the aforesaid, we direct the respondents to grant the benefit of the Career Advancement Scheme only for the purpose of pay scale to those petitioners who have completed six years of service as on 4th November, 2008, but who have not passed their NET/SET examination, during the pendency of the writ petition. The said order would however be subject to the result of the Special Leave Petition. The procedure should be completed by the State Government within a period of six months. In view of similar orders passed in identical matters, we issue Rule in this petition also.

Hence, Rule. Rule made returnable early. To be heard along with connected writ petitions.

The learned Assistant Government Pleader Mr.M.D. Naik waives notice on behalf of the respondent Nos.3 and 4. The parties are at liberty to move this Court after the decision in the Special Leave Petition.

(MRIDULA BHATKAR, J.) (VASANTI A. NAIK, J.)