Prashant Vasantrao Kasambe v. State Of Maha. Thr. Prin. Sec. Higher And Technical Education Dept. And ORS

1 46-WP-8232-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8232 OF 2023 WITH INTERIM APPLICATION NO. 8485 OF 2024 Dr. Hemant Vasaikar

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

WITH WRIT PETITION NO. 1346 OF 2023 Dr. Dnyanraj Marutirao Patil

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2024.08.01 10:42:01 +0530 WITH WRIT PETITION NO. 1643 OF 2024 WITH INTERIM APPLICATION(ST) NO. 14123 OF 2024 Prashant Vasantrao Kasambe

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

**** Mr. Yoshodeep Deshmukh i/b Vinod Sangvikar for the Petitioner. Mr. M.M. Pabale, AGP for Respondent Nos. 1 and 2/State in WP/1643/2024.

Mr. S.H. Kankal, AGP for Respondent Nos. 1 and 2 in WP/1346/2023.

Mr. S.B. Kalel, AGP for Respondent/State in WP/8232/2023. Mr. Susheel Mahadeshwar i/b Ranjana Todankar for Respondent Nos. 4 and 5.

**** CORAM : NITIN JAMDAR AND M.M. SATHAYE, JJ.

DATE : 31 JULY 2024 Sneha Chavan

2 46-WP-8232-2023.doc P.C. :

.

Having heard the learned counsel for the parties, we find that the dispute is between the Petitioners who are members of the teaching staff of Respondent No.5, an unaided Educational Institution. It is not a dispute before us that the Maharashtra Public Universities Act, 2016 is applicable under which a Grievance Committee is constituted and also a Tribunal thereof. Since the Petitioners have efficacious alternate remedy and the complete statutory scheme for redressal of grievance, we are not inclined to entertain the petitions.

2.

To enable the Petitioners to approach the Grievance Committee, the position under order dated 30 March 2023 that no recovery be initiated against the Petitioners, shall continue for a period of 6 weeks. However, further continuation, if any, will be on its merits before the Grievance Committee. The Grievance Committee shall take the issue regarding continuation or otherwise of the protection before the expiry of 6 weeks, if the Petitioners approaches the Grievance Committee within a period of one week. 3.

Keeping all contentions open, the Writ Petitions are disposed of.

Pending Interim Applications are also disposed of. (M.M. SATHAYE, J.) (NITIN JAMDAR, J.) Sneha Chavan