1 W.P. 1696/1994 ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 1696 OF 1994 Dr. Ram Durgayya Chundurwar Age : 53 Yrs., Occ. Service, Sr. Insect Toxicologist Marathwada Agricultural University, Parbhani. .... PETITIONER VERSUS 1. Marathwada Agricultural University, Parbhani through its Registrar. 2. Shri. A.D.Deshpande Professor, Department of Entomology, Marathwada Agricultural University, Parbhani. .... RESPONDENTS Mr. S.R.Barlinge, Advocate for petitioner. Mr. S.K.Kadam, Advocate for respondent no. 1. Mrs. Smita Deshpande, Advocate holding for Mr. D.E.Padwale, Advocate for respondent no. 2 . CORAM : B.R. GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 06/07/2010 2 W.P. 1696/1994 ( J ) ORAL JUDGMENT : [ PER – B.R. GAVAI, J. ] 1. The petitioner has filed the present petition challenging the order dated 28/4/1994 passed by respondent no. 1 thereby reducing pay scale of the petitioner from Rs. 4500 – 7300/- to Rs. 3700 – 5700/-. 2. The entire issue revolves regarding the claim of the petitioner to be promoted initially as Associate Professor on the basis of his seniority over the other candidates including respondent no. 2 and subsequent promotion to the post of Professor. However, since by passage of time, the petitioner as well as respondent no. 2 both have retired on superannuation as way back in 1977 and 1976 no relief in that respect could be granted at this stage. However, Mr. Kadam, the learned counsel for University on instructions fairly concedes that even as per seniority list of Associate Professor as on 1/1/2007, the petitioner has retained his position at Sr. No. 1. He further submits that the claim of the petitioner regarding giving him proper deemed date and of ancillary benefits would be considered by the University within reasonable time. The written instructions received by Mr. Kadam, learned counsel for the respondent – University is taken on record and marked as ‘ X ’ for identification. 3. We accept the statement made by the learned counsel on behalf of respondent - University and dispose of the petition by directing the respondent – University to decide the deemed date to petitioner in the cadre of Associate Professor and subsequent deemed date in the cadre of Professor within period of 3 W.P. 1696/1994 ( J ) two months from today. 4. It is made clear that all ancillary benefits including arrears shall be paid to the petitioner within the period of six months from today. 5. In that view of the matter, the petition is disposed of. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 1696.94