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Judgment
Heard respective counsels for the parties.
Since common question is answered in these petitions, the petitions are disposed of by common order.
Shorn of unnecessary details, prayer in these petitions is for direction to respondent Joint Director of Higher Education, Nagpur Division, Nagpur to grant benefits of Career Advancements Scheme to the petitioners, being eligible as per Government Resolution dated 27.6.2013. A further prayer is made to grant said benefits from the date of appointment. According to the counsel for petitioners, the issue in question has been already decided in Writ Petition No. 762/2019, decided by this Court on 9.10.2019. While deciding the said writ petition, this Court has also relied upon order dated 23.12.2015, passed in Writ Petition No. 5963/2015, relevant portion of which reads as under:
“1)It is declared that the teachers/ professors/lecturers/candidates who have not acquired NET/SET/TEST qualification and who are appointed during 24.10.1992 to 3.4.2000 (except 19.9.1991 to 23.10.1992) (see Government Resolution dated 27.06.2013) are not entitled for CAS (Career Advancement Scheme) and other related benefits except the benefits including the pay scale and increments and other related benefits, as announced by the State, but on conditions so reproduced.
2)Upon acquiring NET/SET qualification, the teachers shall be entitled for the CAS and other related benefits in accordance with law from the date of acquisition of qualification of NET/SET as announced.
3)The challenge to the validity of the impugned State Government Resolution dated 27 June 2013 is rejected. The action of the State of Maharashtra is upheld. The State/Universities/Colleges to take steps accordingly.
4)In view of above, all the Writ Petitions, Contempt Petitions and Civil Applications are dismissed accordingly.
5)Rule in all the above matters is discharged and/ or disposed of accordingly.
6)Ad/interim reliefs, if any, stand vacated, subject to para 88 hereof.
7)There shall be no order as to costs.
8)The Registry to forward copy of this judgment to Hon’ble Supreme Court, at the earliest, for record of Civil Appeal No.10759 of 2013 and other connected Appeals and Special Leave Petitions.
All the petitioners submit that the similar benefit can be extended to the petitioners.
The details of services of petitioners are given below:
| Sr. No | Writ Petition | Petitioner Name | Qualification | Date of appoin tment | Joining Date | W.P. No. in Nagpur | W.P. No. in Bombay | SLP No. | |
| 1 | 328/20 20 | Sudhakar C. Sonone | M.A.1990 M.Com.1990 M.Phil Aug 2014 Ph.D. Apr 2015 | 30.11.1 992 | 30.11. 1992 | 6325/2013 Dr. Anil Dhat & Ors Sr. No. 36 | 5955/201 5 | SLP No. 11629/2 016 | No. SLP copy chart in other as per website. |
| 2 | 679/20 20 | Ramesh R. Halami | M.Sc.1991 M.Phil Sept.2009 | 1.9.199 2 | 6.11.1 992 | 3542/2014 | 6310/2015 SLP | No.1190 6/2016 | SLP Copy Yes |
| 3 | 362/20 20 | Dilip L. Thakare | M.Com. 1989 M.Lib.2007 | 10.12.1 992 | 10.12. 1992 | 2981/2014 | 6006/201 5 | SLP No. 11906/2 016 | SLP copy Yes |
| 4 | 2661/2 020 | Dr. Dilp B. Malpe | M.Com 1990, Mphil Oct 2001, Ph.D.2017 | 29.12.1 992 | 1.1.19 93 | 6473/2013 Shankar J. Aglawe Sr. No. 82 | 5963/201 5 | SLP Copy not received | |
| 5 | 2632/2 020 | Wasudeo J. Chaudhari | M.Com 1990 M.Phil 1995 Ph.D.2011 | 6.12.19 92 | 7.12.1 992 | 2426/2015 | 5875/201 5 | SLP No. 11906/2 016 | SLP copy Yes |
| 6 | 2611/2 020 | Dr. Surendra M. Gothane | M.Lib.2013 M.Com 1991 Ph.D. 2020 | 29.12.1 992 | 1.1.19 93 | 6473/2013 Shankar J. Aglawe Sr.No.83 | 5963/201 5 | SLP Copy not received. | |
| 7 | 4024/2 021 | Ramesh K. Nikhade | M.Com 1991 M.Phil 1995 Ph.D. 2011 | 6.12.1 992 | 7.12.1 992 | 2652/2015 | 5873/2015 | SLP 11906/2 016 | SLP copy yes |
| 8 | 167/20 22 | Rajesh T. Sawai | M.P.Ed. | 1.7.19 95 | 1.7.19 95 | 6473/2013 Shashank J. Aglawe Sr. No.108 | 5963/2015 | SLP copy not received | |
| 9 | 2671/2 020 | Chandrashekar Hanwante | M.A.1988 M.COM.198 8 M.Phil 2008 Ph.D.2013 | 21.10. 1993 | 21.10. 1993 | 6473/2013 Shashank Aglawe Sr. No.27 | 5963/2015 | SLP copy not received | |
| 10 | 645/20 22 | Dr. Pratibha G. Taksande | B. Lib 1989 M.Lib 1992 Ph.D.2006 | 30.09. 1993 | 18.10. 1993 | 6325/2013 Dr. Anil Dhat Sr.No.35 | 5955/2015 | SLP No.1162 9/2016 | No SLP Copy-chart in other – As per Website |
Learned counsels for the petitioners submit that while deciding Writ Petition 762/19 on 9.10.2019, this Court had observed that petitioner therein was petitioner in Writ Petition No. 5963/2015, which was decided on 23.12.2015 and accordingly, orders were passed. They state that similarly, the present petitioners were also petitioners in the columns mentioned in para 7 and 8 of the aforesaid chart.
Respective counsels submit that State has not challenged the orders passed in Writ Petitions mentioned in paragraph 7 and 8. On the contrary, they have submitted that Special Leave Petitions are preferred as per column No.9 before the Hon’ble Apex Court.
Per contra, learned AGP Mr. Pendke submits that since the order is already challenged in SLP, the petitioners cannot take benefit of judgment passed in Writ Petition mentioned in para 7 and 8 of the aforesaid chart.
Learned counsel for petitioners have stated that in all the aforesaid petitions, separate affidavits are filed by the petitioners stating that a challenge raised in respective Special Leave Petitions mentioned in paragraph 9 to the operative clauses of judgments delivered in Writ Petition Nos. 7 to 8, which is reproduced below, will not be pressed before the Hon’ble Apex Court. Operative clause in respective Writ Petitions mentioned in column No. 7 and 8 is reproduced below:
“It is declared that the teachers/professors/lecturers/ candidates, who have not acquired NET/SET/TESE qualification and who are appointed during 24.10.1992 to 30.04.2000 (except 19.9.1991 to 30.10.1992) (see GR dtd. 27.6.2013) are not entitled for CAS (Career Advancement Scheme) and other related benefit except the benefits including the pay scale and increments and other related benefits, as announced by the State, but on condition so reproduced.
The learned counsel for petitioners thus submit that since State has not take exception to the final orders passed in Writ Petitions mentioned in column No. 7 and 8, said benefit can be extended to it.
Considering the fact that the petitioners have filed affidavit before this Court clearly stating that they will not raise challenge to clause stated supra before the Hon’ble Apex Court in respective Special Leave Petitions mentioned in column No. 9 and considering the fact that State has not assailed final order in Writ Petitions mentioned in column no. 7 and 8, we allow all these petitions. The respondent No. 3 is accordingly directed to grant benefit of Career Advancement Scheme to the petitioners in terms of Government Resolution dated 27.6.2013 and grant all the benefits accordingly from the date of appointment, mentioned in clause 5 of the Chart, reproduced above. The entire arrears, if any, be paid to the petitioners within a period of three months from the date of receipt of this order by the respondents.