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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


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              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



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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

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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.



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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.

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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

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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.)




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