Shri. Jagadamba Mahavidyalaya Art, Com. And Science Achalpur, Thr Principal And ANR. v. Shobhanath Kahsiprasad Dubey And Others
2026:BHC-NAG:3771-DB 932-caz2.25.odt 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLN .(Z) NO. 2 OF 2025 IN L.P.A. NO. 409 OF 2011 Jagdamba Mahavidyalaya Arts, Commerce & Science Achalpur City & anr. -Vs.- Shobhnath Kashiprasad Dubey and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr.Vishwa Gadibaile, Adv.h/f Mr.M.D.Lakhey, Adv. for the petitioner. Mr.R.S.Parsodkar, Adv.for the respondent No.1. Ms H.N.Jaipurkar, AGP.for the respondents-State. CORAM : SMT. M. S. JAWALKAR & NANDESH S.DESHPANDE, JJ.
DATE : 6TH MARCH, 2026 Heard the learned counsel for the parties.
2.
The present application is filed by the respondent No.1 for issuance of interim order.
3.
It is submitted that the respondent No.1 was appointed as Lecturer on 19/12/1989 and was illegally terminated on 20/06/1990 against which the respondent No.1 filed appeal before the College Tribunal which came to be allowed. The learned Tribunal set aside the order of termination and ordered reinstatement of the respondent No.1 with back wages. The said judgment was challenged by the appellant-Society vide Writ Petition No.148 of 1993, which came to be dismissed by the judgment dated 25/02/1993. There is second termination order issued on 27/04/1996, which was also challenged before the College Tribunal by the respondent No.1. The College Tribunal dismissed the appeal on 22/06/1995 against which the KHUNTE
932-caz2.25.odt 2/2 respondent No.1 filed Writ Petition No.2717 of 1998. Vide order dated 10/03/2010, this Court set aside the termination and the respondent No.1 was directed to be reinstated with full back wages against which the present L.P.A. is filed. 4.
The respondent No.1 was though reinstated, the direction to pay back wages is challenged by filing present L.P.A. The respondent No.1 took voluntary retirement from service on 23/11/2021. After retirement, the pension papers were forwarded, but no pensionary benefits are released only because of pendency of the present L.P.A.
5.
We make it clear that the issue involved in the present L.P.A. is restricted only to the back wages and therefore, there is no impediment in releasing the pension and other retiral benefits to the respondent No.1.
6.
This application was filed in May, 2025, however, there is no reply filed by the respondent Nos.4 and 5. Therefore, we are of considered opinion that there should not be any impediment in allowing the present application, as the L.P.A. will be decided in due course. Hence, the application is allowed.
7.
The respondent No.5-Joint Director of Education Grants, Amravati is directed to release the pensionary benefits as per the provisions of law, if proposal is already submitted by the Management to it, within a period of six weeks from the date of production of the order of this Court before it. 8.
The application stands disposed of.
(NANDESH S.DESHPANDE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 06/03/2026 18:59:14 KHUNTE