1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8729 OF 2007 Shri V.R.Nanivadekar .. Petitioner Vs. University of Pune, Pune & Ors. .. Respondents WITH CIVIL APPLICATION NO.2180 OF 2007 IN WRIT PETITION NO.9391 OF 2004 V.R.Naniwadekar .. Applicant Vs. Army Institute of Technology, Pune.Respondents AND CIVIL APPLICATION NO.138 OF 2008 IN WRIT PETITION NO.9391 OF 2004 Army Institute of Technology .. Applicant Vs. University of Pune, Pune & Ors. .. Respondents Mr.A.V.Anturkar i/b Mr.S.B.Deshmukh for the petitoiner in Writ Petition No.8729 of 2007, Applicant in C.A.W. No.2180 of 2007 and Respondent nos.1 in C.A.W. No.138 of 2008. Mr.G.S.Kulkarni with Ms.Sarika Shah and Ms.Swati Deshmukh i/b M.G.Kulkarni for the respondent nos.1 in Writ Petition No.8729 of 2007 and Respondent 2 nos.2 and 3 in C.A.W. No.2180 of 2007 and 138 of 2008. Mr.A.V.Lokhande with Mr.R.R.Salvi for the respondent nos.2 and 3 in Writ Petition No.8729 of 2007 and Petitioner in Writ Petition no.9391 of 2004. CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED : 11TH FEBRUARY, 2008 DATED : 11TH FEBRUARY, 2008 DATED : 11TH FEBRUARY, 2008 P.C.: 1. Heard the learned counsel for the parties. 2. The petition can be disposed of at the stage of admission itself. 3. The petitioner is required to file these petitions seeking a writ of mandamus directing respondent no.1 to start the process of disaffiliation against respondent nos.2 and to complete it and also directing respondent nos.2 and 3 to make the payment to the petitioner as per the order passed by the Grievance Committee of the respondent nos.1 and approved by the Management Council of the respondent nos.1. 3 4. The learned counsel appearing for the respondents states that the respondents have challenged the said decision by filing a Writ Petition in this court which is admitted but no interim relief in the matter has been granted. 5. From what has been stated by the learned counsel for the respondents, it is quite clear that the recognition made by the Grievance Committee has to be complied with the respondents. The learned counsel for the respondents submits that the respondent i.e. the Army Institute of Technology would comply with the requirements of the Grievance Committee without prejudice to the rights and contentions in the petition filed by them impugning the said decision. We accept this statement which has been made by the learned counsel for the respondent nos.2 on instruction from Joint Director of Army Institute of Technology, Colonel KS Rajagopalan. 6. In view of this, the respondent nos.2 would pay to the petitioner all his Pay and Allowances as per recommendation of the Grievance Committee and 4 would clear of all arrears of such Pay and Allowances till 31st January, 2008 on or before 31st March, 2008 and from the month of February, 2008 as per the recommendation of the Grievance Committee as and when it occurs. Needless to state that incase the respondent i.e. the Army Institute of Technology succeeds in their petition, the petitioner would make good the amount which will be received by him under the recommendation of the Grievance Committee. 7. The learned counsel for the respondent no.2 states that the Demand Draft for difference in pay scale would be credited in this court within a weeks time. On such amount being deposited, the petitioner would be permitted to withdraw the same on furnishing an undertaking to the effect that in case the petitioner is required to refund the amount, he shall do so within a period of 6 months from the date of decision of the petition filed by respondent nos.2 and 3. 8. With this directions, Writ Petitions are disposed of. In view thereof, Civil Application 5 Nos.2180 of 2007 and 138 of 2008 do not survive. The same are also disposed of. . Parties to act on an authenticated copy of this order. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J )