Bombay High Court
SANJAYKUMAR GHANASHYAM SONAR AND ORSversusSTATE OF MAHARASHTRA THROUGH PRIN. SECRETARY DEPT. HIGHER AND TECHNICAL EDUCATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that the university must deposit the deducted DCPS contributions into the petitioners' NPS accounts, with the State facilitating the process, while leaving liability and reimbursement issues open pending the Supreme Court SLP outcome.
Summary
The petitioners, teaching faculty of the College of Engineering Pune (CoEP), challenged a 1 November 2018 State Government communication that shifted payment of their salaries from the State to CoEP. While the State later released their salaries from April 2023, the petitioners sought relief for the Defined Contribution Pension Scheme (DCPS) amounts deducted since 2018, which had not been deposited into their National Pension System (NPS) accounts. The court noted that CoEP, now a Technological University under the CoEP Technological University Act, 2022, had been making deductions without depositing the employer and employee contributions, and that the State had issued a note on 6 August 2026 outlining a mechanism for such deposits. The court directed CoEP to open new NPS accounts with the Central Recordkeeping Agency and deposit the DCPS amounts, with the State facilitating the process, while keeping the issue of liability for interest and reimbursement open pending the outcome of a related Supreme Court SLP. The court also ordered the State to decide on CoEP’s reimbursement proposals within twelve weeks and disposed of the interim application and Writ Petition No. 13191 of 2024, detagging Writ Petition No. 2452 of 2020 for future listing.
Issues considered
- Whether the university is obligated to deposit the deducted DCPS contributions, including employer share and interest, into the petitioners' NPS accounts.
- Whether the State Government must facilitate the deposit of DCPS amounts into the NPS accounts.
- Whether the liability for interest on delayed DCPS contributions and reimbursement claims against the State remain open pending the outcome of the Supreme Court SLP.
Legislation cited
- CoEP Technological University Act, 2022
Subjects
- Defined Contribution Pension Scheme
- National Pension System
- Salary payment
- Government sanctioned posts
- Reimbursement
- Writ petition
- Interim application
- Liability
- University
- State Government
Judgment
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
Digitally signed by
RUPALI RUPALI RAJESH
RAJESH WAKODIKAR
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.