27-WP-2452-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2452 OF 2020 Sanjaykumar G. Sonar .....Petitioner Versus The College of Engineering Thru. Director, Shivaji Nagar, Pune & Anr. .....Respondents WITH WRIT PETITION NO. 13191 OF 2024 WITH INTERIM APPLICATION (ST) NO. 94023 OF 2020 IN WRIT PETITION NO. 13191 OF 2024 Sanjaykumar G. Sonar & Ors. .....Petitioners Versus The State of Maharashtra Through Prin. Secretary Dept. Higher & Technical Education & Ors. .....Respondents ..... Mr. Mihir Desai, Senior Advocate i/b Ms. Kranti L.C., Mr. Kaustubh Gidh, for the Petitioners. Mr. Hritik R. Chavan a/w Mr. Ashutosh Kulkarni (through VC) for the Respondent No.3 – COEP. Smt. Reena A. Salunkhe, A.G.P, for the Respondent-State. ..… CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 17th SEPTEMBER 2026 P.C.:- 1. We have heard learned Senior Advocate Mr. Mihir Desai for the Wakodikar 1/7 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.09.18 16:31:14 +0530 27-WP-2452-2020.doc Petitioner, Mr. Ashutosh Kulkarni for the Respondent No.3 and learned A.G.P Ms. Salunkhe for the Respondent – State. 2. The matter was substantially argued on the previous occasion. In deference to the deliberations at the bar, the petitioners agreed that the following order would meet the ends of the justice. Accordingly, the Minutes of the Order were also tendered by the petitioners. 3. Learned A.G.P, however, opposed the petition. 4. The Petitioners are teaching faculty of the College of Engineering Pune (CoEP) who were appointed against Government sanctioned posts. 5. The present Writ Petition challenges the communication dated 1st November 2018 issued by the State Government directing that salaries of the Petitioners, which had until then been paid by the State Government, should thereafter be paid by the College of Engineering Pune. 6. The Petitioners, submits that, it is a matter of record that Wakodikar 2/7 27-WP-2452-2020.doc during the pendency of the present proceedings: (a) Since 1st November 2018, COEP has been paying the salaries of the Petitioners without any reimbursement from the State Government. (b) COEP was designated as a University under the CoEP Technological University Act, 2022; and (c) By Government Resolution bearing GR No. SANKIRN-1111/(89/18)/TANSHI-2 dated March 2024, the State Government has released the salaries of the Petitioners appointed against Government-sanctioned posts with effect from 1 April 2023. 7. The Petitioners further submit that, in view of the aforesaid Government Resolution, the only consequential issue that had survived for consideration was that, from I November 2018 onwards, although CoEP Technological University has been making deductions towards the Defined Contribution Pension Scheme (DCPS), both the employee's and employer's contributions along with Interest / Return on Investments have not been deposited into the National Pension System (NPS) accounts of the Petitioners. 8. The Learned AGP by a Note tendered on 6th August 2026, had provided for a mechanism for the deposit of the CDPS Amounts into New NPS Accounts with the Central Recordkeeping Agency (CRA), to Wakodikar 3/7 27-WP-2452-2020.doc be opened by the CoEP Technological University. This has been recorded in the Order dated 06.08.2026. 9. The Learned A.G.P, submits that certain proceedings are pending before the Hon'ble Supreme Court in Special Leave Petition No. 11130 of 2019, and that any directions issued by this Hon'ble Court should be made subject to the outcome of the said SLP. 10. Mr Ashutosh Kulkarni for COEP Technological University, submits that without prejudice to its rights and contentions, COEP Technological University is ready and willing to deposit the entire CDPS amount forthwith, along with the Interest / return on investment for the period of delay, with the Central Recordkeeping Agency (CRA) in terms of the Note tendered by the State Government, and that the CRA should be directed to accept the same. 11. Mr. Ashutosh Kulkarni further submits that the question of ultimate liability ought to be expressly kept open, to be adjudicated at the appropriate stage, and COEP Technological University reserves its right to seek reimbursement from the State Government. Wakodikar 4/7 27-WP-2452-2020.doc 12. It is not in dispute that, in light of the Government Resolution dated 14 March 2024, the State Government has released the salaries of the Petitioners appointed against Government sanctioned posts with effect from 1st April 2023, thereby addressing the primary grievance of the Petitioners. 13. In so far as submissions of the petitioners regarding consequential reliefs relating to DCPS contributions into the NPS account of the petitioners are concerned, we are inclined to issue the following directions in the interest of justice which, in our opinion, protects the interests of all concerned. (a) COEP Technological University shall deposit the DCPS amounts deducted from the Petitioners, together with the corresponding employer contributions, into the New NPS Accounts of the Petitioners, which it shall open with the Central Recordkeeping Agency (CRA). (b) The State Government shall take all necessary steps to facilitate and enable the said DCPS amounts to be deposited into the New NPS accounts of the Petitioners. (c) The COEP is granted eight weeks time to deposit the DCPS amount mentioned above. Wakodikar 5/7 27-WP-2452-2020.doc 14. Needless to state, the aforesaid directions shall be subject to the outcome of Special Leave Petition No. 11130 of 2019, if and insofar as the same is applicable to the present Petitioners. 15. In the light of the grievance raised on behalf of COEP Technological University regarding reimbursement proposals pending consideration before the State Government, the State Government is directed to take a decision on the pending reimbursement proposals submitted by COEP expeditiously, and in any event, within a period of twelve weeks from the date of communication of this order. The decision be communicated to the COEP. 16. It is expressly made clear that we have not adjudicated upon the merits of the reimbursement proposals of COEP, and the said issue is kept expressly open to be agitated, if necessary, in appropriate proceedings. All claims and contentions of parties in that regard are kept open. 17. The question of ultimate liability for the return on investment on the delayed DCPS amount is also kept open to be adjudicated at the appropriate stage, as and when COEP seeks reimbursement from Wakodikar 6/7 27-WP-2452-2020.doc the State Government. 18. Writ petition No. 13191 of 2024 is disposed of in the above terms with no order as to costs. 19. In view of the disposal of the Writ Petition No. 13191 of 2024, nothing survives for further consideration in the interim application pending therein. IAST/94023/2020 also stands disposed of. 20. Writ petition No. 2452 of 2020 be detagged from the aforesaid petition and list on 24th September, 2026. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 7/7