2025:BHC-NAG:9828-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 7648 OF 2023

1. Pramod Vasantrao Deshmukh Aged about 68 years, Occupation : Retired R/o Saurabh Colony, VMV Road, Amravati

2. Nilkanth Deorao Dudhe Aged about 62 years, occupation : Retired R/o A-01 Deorshi Apartment, Mangilal Plot Camp, Amravati 3. Arun Babanrao Sangole, Aged about 63 years, occupation: Retired, R/o Sonal Colony, Shegaon Road, Amravati

4. Sushma Uttamrao Patil, Aged about 63 years, Occupation : Retired R/o Anand Colony, Near Prerna Colony, Amravati

5. Ramkumar Narhar Kadu Aged about 63 years, Occ: Retired R/o Padamsaurabh Colony, Shegaon Road, Amravati

6. Baburao Manoharrao Kale Aged about 64 years, Occ: Retired R/o Rural Institute Colony Amravati

7. Pramod Murlidhar Adgokar Aged about 63 years, Occ: Retired R/o Gadge Nagar, Amravati

8. Mohan Krushnarao Thakare Aged about 64 years, Occ.: Retired, R/o Pote Layout, Kathora Road, Amravati

9. Jivan Diwakarrao Jagtap Aged about 60 years, Occ.: Retired R/o Patwari Colony, Arjun Nagar Amravati

10. Meena Jagannath Konde, Aged about 62 years, Occ.:Retired.

R/o. Abhinav Colony, Shegaon Road, Amravati

11. Mohan Haridwar Chore, Aged about 62 years, Occ.: Retired R/o Dr. Panjabrao Colony, VMV Road, Amravati

12. Jagdeo Goturamji Sable, Aged about 59 years, Occ.: Retired R/o. Shri Ramkrushna Colony Near Swami Samarth Mandir, Gunvant Baba Floor Mill, Morshi Road, Rahatgaon, Amravati

13. Pramod Wasudeorao Pochhi, Aged about 59 years, Occ.: Retired, R/o Jalaram Nagar, Near Dastur Nagar, Amravati ...PETITIONERS // V E R S U S //

1. State of Maharashtra, Through Secretary, Higher and Technical Education Department, Mantralaya Mumbai

2. Directorate of Technical Education Through, Director, 3 Mahapalika Marg, Mumbai

3. Regional Directorate of Technical Education, Amravati Through, Joint Director, Govt. Polytechnic Campus, Gadge Nagar, Amravati

4 Dr. Punjabrao Deshmukh Polytechnic, Amravati, Though, its Principal, Shivaji Nagar, Amravati

5. Shivaji Education Society, Through its Secretary, Shivaji Nagar, Amravati RESPONDENTS --------------------------------------------------------------------------------------------

Mr Z.Z. Haq, Advocate for the petitioners.

Mr M.J. Khan, AGP for Respondent Nos. 1 to 3/State.

Mr Akshy Naik, Sr. Advocate assisted by Mr. Kuldeep Mahalle, Advocate for respondent Nos.4 and 5.

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CORAM : URMILA JOSHI PHALKE, J. AND NANDESH S. DESHPANDE, JJ.

RESERVED FOR JUDGEMENT : 17.09.2025 PRONOUNCEMENT OF JUDGEMENT : 26.09.2025 J U D G M E N T : (PER : Nandesh S Deshpande, J.)

1. Heard.

2. RULE. Rule made returnable forthwith. Taken up for final disposal with the consent of learned counsel for the parties.

3. Petitioners herein are all retired employees from respondent No.4-Polytechnic Collage which is run by respondent No.5-Society. They have been appointed after following due process of law and all have superannuated without any disciplinary action taken against them with clean and unblemished record. Petitioners have approached this Court for writ of mandamus directing respondent No.5-Shivaji Eduction Society, Amravati to release arrears of 10% of salary payable to the petitioners for the period from December, 2015 till the date of their superannuation along with consequential benefits and interests thereon, as applicable. The claim of the petitioners is based on a Government Resolution dated 21.08.2015 issued by the respondent No.1. It is therefore the claim of the petitioners that burden to pay said amount of 10% of the salary was on the management as per Government Resolution referred supra. It is further case of the petitioners that they have time and again inquired regarding arrears of said 10% but since they have not received the said amount, they have approached this Court by filing present writ petition.

4. The respondents herein had filed their reply in pursuance to the notice issued by this