Partly allowed

Vinod S/O Deokumar Guldekar v. State of Maha. Thr. Secy., Dept. of Agri. Animal Hus. Dairy Dev. and Fisheries, Mumbai and Ors.

Bombay HC14 Sept 2021CAW/1280/2021

Case brief

AI extract

What is this about?

Petitioner sought interim relief from recovery of alleged excess pay and a stay on notices related to salary revisions. The court considered prior similar petitions and decided to grant an interim stay on specific communications dated August 31, 2021, while issuing notice for final disposal.

What did the court decide?

Interim stay granted on communication dated 31st August, 2021; notice issued for final disposal; CAW No.1280/2021 disposed off.

Vinod S/O Deokumar Guldekar Vs State of Maha… — Pension and Retirement Benefits | Bombay HC (2021)

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1 wp3473.2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.

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CIVIL APPLICATION (CAW) NO.1280/2021 AND WRIT
PETITION NO.3473/2021

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Dr. Vinod S/o Deokumar Guldekar
..Vs..

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The State of Maharashtra and others

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------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order

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Mr. Bhanudas G. Kulkarni, Advocate for the petitioner.

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CORAM :- SUNIL B. SHUKRE AND

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ANIL S. KILOR, JJ. DATED:14.9.2021.

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Heard.

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2.The contention of the petitioner is that he was
promoted straightway to the post of Associate Professor
w.e.f. 10th August, 2005 and, therefore, he could never
have been treated as falling in the same category as
those Associate Professors who were brought in the
pay-scale of Assured Career Progression Scheme.
Learned counsel for the petitioner submits that it is for
this reason, no pay revision in respect of the salary
payable to the petitioner could have been done by the
respondents and no recovery of any amount, on the
ground of alleged excess payment, could have been
effected by the respondents. On this ground, interim
relief has been sought for which reliance has been placed
on the similar orders of interim relief granted in identical
Writ Petition No.803/2019 pending before principal seat
at Bombay and Writ Petition No.13634/2018 and Writ

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wp3473.2021.odt

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Petition No.13858/2018 pending before Aurangabad
Bench and Writ Petition No.2623/2019 pending before
this Bench.

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3.Considering the submissions made on behalf of the
petitioner and also the interim relief granted in the
petitions, having similar facts and circumstances, there
shall be interim stay to the effect and operation of the
communication dated 31st August, 2021. Meanwhile,
issue notice for final disposal at admission stage to the
respondents.

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4. Ms K.S. Joshi, learned In-charge Government Pleader waives notice for respondent No.1.

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5.Mr. Arun Patil, learned counsel waives notice for
respondent No.3.

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6. Civil application (CAW) No.1280/2021 is disposed of accordingly. No costs.

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7. Stand over to four weeks.

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 JUDGE

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 JUDGE

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Tambaskar.

Vinod S/O Deokumar Guldekar v. State of Maha. Thr. Secy., Dept. of Agri. Animal Hus. Dairy Dev. and Fisheries, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

Vinod S/O Deokumar Guldekar v. State of Maha. Thr. Secy., Dept. of Agri. Animal Hus. Dairy Dev. and Fisheries, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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