Bombay High Court
Homraj Hansaram Bisen vs State Of Maharashtra on 20 November, 2012
Bench: B.R. Gavai, A.P. Bhangale
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Writ Petition No. 3458 of 2012
Petitioners : 1. Homraj Hansaram Bisen, aged Major, Assistant
Teacher, c/o Dhananjay Smruti Vidyalaya, Betkathi,
Tahsil Korchi, District Gadchiroli
2. Kailash son of Ramaji Borkar, aged Major, occ:
Assistant Teacher, c/o Dhananjay Smruti Vidyalaya, Betkathi,
Tahsil Korchi, District Gadchiroli
3. Trimbak Shriram Pustode, aged Major,
Assistant Teacher c/o Dhananjay Smruti Vidyalaya, Betkathi,
Tahsil Korchi, District Gadchiroli
4. Vilas Shankar Pustode, aged Major,
Assistant Teacher, c/o Dhananjay Smruti Vidyalaya,
Angara, Tq. Kurkheda, District Gadchiroli
5. Lekram Baburao Dongarwar, aged Major, asst.
Teacher, c/o Dhananjay Smruti Vidyalaya, Betkathi,
Tahsil Korchi, District Gadchiroli
versus
Respondents : 1. State of Maharashtra, through its Secretary,
Department of Education, Mantralaya, Mumbai-32
2. State of Maharashtra, through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32
3. Deputy Director of Education, Nagpur
4. The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Gadchiroli
5. Rashtriya Shikshan Sanstha, Angara, through
its Secretary Ghanshyam Kapgate, Angara, Tq.
Kurkheda, District Gadchiroli
6. Dhananjay Smruti Vidyalaya, Betkathi, Tq.
Korchi, District Gadchiroli, through its Principal
7. Dhananjay Smruti Vidyalaya, Angara, Tahsil
Kurkheda, Dist. Gadchiroli, through its Principal
Mr Anand Parchure, Advocate for petitioners
Ms Bharti Dangre, Addl. Government Pleader for respondents no. 1 to 3.
Respondent no. 4 served.
Mr Pankaj Navlani, Advocate for respondents no. 5,6 and 7.
______
Writ Petition No. 2712 of 2011
Petitioners : 1. Arvind Sudhakar Asutkar, aged Major, occ: service,
resident of Sai Nagar, Ghugus, Dist. Chandrapur
2. Vijay Nagobaji Chalakh, aged Major, occ: service,
resident of c/o Dadaji Khandalkar, Tukdoji Nagar,
Ghugus, District Chandrapur
3. Dnyaneshwar Pundlik Sonkusare, aged Major,
occ: service, resident of c/o Sanjay Pimpalkhende,
Jagannath Baba Nagar, Chandrapur
4. Ishwar Namdeo Khangar, aged Major, occ: service,
r/o c/o Balkrishna Wairagade, Vishvakarma Nagar,
Chandrapur
5. Hemant Raghuji Butle, aged Major, occ: service,
r/o c/o Somaji K. Bhute, Ganesh Bhawan, Ward No. 6,
Ghugus, Dist. Chandrapur
6. Namdeo Dadaji Morey, aged Major, occ: service,
resident of Garu Nagar, Teachers Colony, Bhadrawati,
District Chandrapur
7. Sachin Deorao Bhoyar, aged Major, r/o Pathanpura,
Ward No. 45, Chandrapur
8. Anil Babarao Takare, aged Major, occ: service,
r/o Usargaon, ACC Cement Nagar, Dist. Chandrapur
9. Vishal Mahadeo Nagrale, aged Major, occ:
service, r/o Aditi Plaza, Bungalow No. 2, Tirthroop
Nagar, Tukum, District Chandrapur
10. Santosh Wamanrao Soor, aged Major, occ: service,
r/o c/o Dashrath Asopwar, Behind Godawari Mangal
Karyalaya, Ghugus, Dist. Chandrapur
11. Ravikanth Nilkanth Wararkar, aged Major, occ:
service, r/o Kunbi Society, Bhadrawati, District
Chandrapur
12. Shrikant Ramchandra Aswale, aged Major,
occ: service, r/o c/o Vyahad (BK), Tah. Sawli,
Dist. Chandrapur
13. Sanjay Nilkanth Gaware, aged Major, occ:
service, r/o Vyawahad (Bk), Tah. Sawli,
District Chandrapur
14. Amol Sudhkar Kakde, aged Major, occ: service,
r/o J. B. Nagar, Datala Road, Chandrapur
15. Sudhakar Ramdasji Dhawas, aged Major,
occ: service, J.B. Nagar, datala Road, Chandrapur
16. Vijay Mahadeo Tarale, aged Major, occ: service,
resident of J. B. Nagar, Datala Road, Chandrapur
17. Suresh Jaising Pawar, aged Major, occ: service,
resident of Krishna Apartments, J. B. Nagar,
Chandrapur
18. Ku Kalpana Vitthalrao Tajne, aged Major, occ:
service, r/o Rampuri Ward, Camp Area, Gadchiroli
19. S. R. Meshram, aged Major, occ: service,
resident of Rampuri Ward, Camp Area, Gadchiroli
20. P. P. Gyanpawar, aged Major, occ: service,
resident of Chamorshi, Dist. Gadchiroli
21. G. D. Zade, aged Major, occ: service, r/o
Chamorshi, District Gadchiroli
22. P. D. Kathpalliwar, aged Major, occ: service,
r/o Khedi, Post Chimala, Tq. Sawali, District
Chandrapur
23. T. R. Jellewar, aged Major, occ: service,
r/o Shri Mamidwar, Camp Area, Rampuri Ward,
Gadchiroli
24. R. M. Zode, aged Major, occ: service,
r/o c/o Prabhakar Mane, Kannamwar Ward, Reddy
Godown, Gadchiroli
25. Taukir Majid Sheikh, aged Major, occ: service,
r/o Near Mahesh Bhavan, Ward No. 6, Tukum,
Chandrapur
26. Anushree Nandkishore Sehgal, aged Major,
occ: service, r/o c/o N. H. Khatri, Balaji Ward,
Chandrapur
27. Mohd Nazim Abdul Rafique Sheikh, aged Major
r/o Near Saraswati Rice Mill, Ward No. 1, Chamorshi,
District Gadchiroli
28. Vinod Narayanrao Salekar, aged Major, service,
r/o c/o Jakkanwar, Behind Panchayat Samiti, Ganesh
Nagar, Ward No. 2, Chamorshi, Dist. Gadchiroli
29. Uttam Upen Majumdar, aged Major, occ: service,
r/o c/o Dilip Das, Subhash Gram, Gundapalli, Tah.
Chamorshi, Dist. Gadchiroli
30. Deepak Marotrao Somankar, aged Major, occ:
service, r/o Gawar Mohalla, Ward No. 5, Tahsil
Chamorshi, Dist. Gadchiroli
31. Shobha Ramdas Gedam, aged Major, occ:
service, r/o c/o Shivaji Higher Secondary School, Tah.
Chamorshi, Dist. Gadchiroli
32. Khushal Wangruji Kapgate, aged Major, occ:
service, resident of Telang Ward No. 2, Tahsil
Chamorshi, District Gadchiroli
33. Nandkishore Malaya Manewar, aged Major,
occ: service, r/o Telang Ward No. 2, Chamorshi,
Dist. Gadchiroli
34. S. G.Khade, aged Major, occ: service,
Chamorshi, Dist. Gadchiroli
35. Dilip Bhanuji Somankar, aged Major, occ:
service, r/o Chamorshi, District Gadchiroli
36. S. P. Bhurbhure, aged Major, occ: service,
r/o Ward No. 1, Chamorshi, Dist. Gadchiroli
versus
Respondents : 1. State of Maharashtra, through its Secretary,
Department of Education, Mantralaya, Mumbai-32
2. State of Maharashtra, through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32
3. Deputy Director of Education, Nagpur
4. The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Chandrapur
5. The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Gadchiroli
6. Janta Junior College, Ghuggus, Dist. Chandrapur
through its Principal
7. Navbharat Junior Arts College, Vyahad (Bk), tahsil
Sawli, District Chandrapur, through its Principal
8. Nehru Science Junior College, through its
Principal, Chandrapur
9. Vishwashanti Vidyalaya, Kunghada (R), Tah.
Chamorshi, District Gadchiroli, through its Principal
10. Arts, Commerce and Science College, Tukum,
Chandrapur
11. Shivaji High School, Chamorshi, Dist.
Chandrapur, through its Principal
12. Indira Gandhi Memorial Higher Secondary
School, Subhash Gram, Tahsil Chamorshi, District
Chandrapur, through its Head Master.
13. J. K. Bomanwar Secondary Junior College,
Tahsil Chamorshi, District Chandrapur, through
its Head Master/Principal
Mr Anand Parchure, Advocate for petitioners
Ms Bharti Dangre, Addl. Government Pleader for respondents no. 1 t5o 3.
_________
Writ Petition No. 3403 of 2011
Petitioners : 1. Tikaram Bondkuji Chandankhede, aged Major,
occ: service, r/o A. P. Halda, Tq. Brahmapuri,
district Chandrapur
2. Bhagwat Sitaram Bawne, aged Major, occ: service,
r/o Ghoti, Post Khod shiwani, Tah. Sadak Arjuni,
District Gondia
3. Laxman Mahadeo Kadukar, aged Major, occ:
service, r/o Lathi, Tah. Gondpipari, Dist. Chandrapur
4. Abaji Pisaji Waghade, aged Major, occ: service,
r/o A. P. Ganpur (Rai), Tah. Chamorshi, Dist.
Gadchiroli
5. Diwakar Rushi Durge, aged Major, occ: service,
r/o A. P. P. Vitthalwada, Tah. Gondpipri, Dist.
Chandrapur
6. Sainath Govinda Hajare, aged Major, occ:
service, r/o Vikas Nagar, gauri Talao, Babupeth,
Chandrapur
7. Madhukar Timaji Choudhari, aged major,
Occ: service, r/o c/o A. P. Ganpur (Rai), Tahsil
Chamorshi, District Gadchiroli
8. Bapu Kisan Gedam, aged Major, occ: service,
resident of Haldi, Post Lakhampur (Bori), Tahsi
Chamorshi, District Gadchiroli
9. Murlidhar Vithoba Satar, aged Major, occ:
service, r/o Ganpur (Rai), tah. Chamorshi, Dist.
Gadchiroli
versus
Respondents : 1. State of Maharashtra, through its Secretary,
Department of Education, Mantralaya, Mumbai-32
2. State of Maharashtra, through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32
3. Deputy Director of Education, Nagpur
4. The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Gadchiroli
5. Vidyasagar Shikshan Prasarak Mandal, Gadchiroli
6. Lokmanya Talak Vidyalaya, Ganpur (Rai), Tah.
Chamorshi, District Gadchiroli, through Principal
Mr Anand Parchure, Advocate for petitioners
Ms Bharti Dangre, Addl. Government Pleader for respondents no. 1 to 3.
_________
Writ Petition No. 3124 of 2011
Petitioners : 1. Aparna M. Ganyarpawar, aged Major, occ: service,
r/o Sampada House, Chamorshi Road, Gadchiroli
2. Bhaskar G. Undirwar, aged major, occ: service,
resident of Mollom Deshpur, Tah. Armori, District
Gadchiroli
3. Khemraj B. Dongre, aged Major, occ: service, r/o
Khomali Pimpalgaon, Dist. Gondia
4. Jaggiram T. Deshmukh, aged Major, occ: service,
r/o Mohgaon, Tah. Arjuni Morgaon, Dist. Gondia
5. Arvind R. Kapgate, aged Major, occ: service,
r/o Borde Warud, Dist. Gondia
6. Prakash Y. Deshmukh, aged Major, occ: service,
r/o Mau, Tah. Armori, District Gadchiroli
7. Ramesh B. Hukum, aged major occ: service,
r/o Wadadha, Tah. Armori, Dist. Gadchiroli
8. Arvind K. Ramteke, aged Major, occ: service,
r/o Konolga, Dist. Bhandara
9. Sanjay B. Hodge, aged Major, occ: service,
r/o Potegaon Road, Ram Nagar, Gadchiroli
10. Nago E. Thakare, aged Major, occ: service,
r/o Halda, Tah. Bramhapuri, Dist. Gadchiroli\
11. Dumesh W. Bhoyar, aged Major, occ: service,
r/o Chambharda, Dist. Gadchiroli
12. Kishor N. Wadettiwar, aged Major, occ: service,
r/o Kannamwar Nagar, Gadchiroli
13. Meera Mahadeorao Garode, aged Major, occ: service,
r/o Gadchiroli
14. Prashant Kahuji Mungelwar, aged Major, occ: service,
r/o Gadchiroli\
15. Parag Wasudeo Dadwe, aged Major, occ: service,
resident of Gadchiroli
16. Milind Gangadhar Urade, aged Major, occ: service,
r/o Chamorshi, Dist. Gadchiroli
17. Vidya Ganpatrao Pakewar, aged Major, occ: service,
r/o Gadchiroli
18. Jagdish M. Suryawanshi, aged Major, occ: service,
r/o Gadchiroli
19. Kishor Ramdas Bhoyar, aged Major, occ: service,
r/o Kunghada, Dist. Gadchiroli
20. Khemji Maroti Dhulase, aged Major, occ: service,
r/o Chambharda, Dist. Gadchiroli
versus
Respondents : 1. State of Maharashtra, through its Secretary,
Department of Education, Mantralaya, Mumbai-32
2. State of Maharashtra, through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32
3. Deputy Director of Education, Nagpur
4. The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Gadchiroli
5. Semana Vidya Va Vanvikas Prashikshan Mandal,
Gadchiroli, through its Secretary
Mr Anand Parchure, Advocate for petitioners
Ms Bharti Dangre, Addl. Government Pleader for respondents no. 1 to 3
________
Writ Petition No.5078 of 2012
Petitioners: 1. Nishikant Chandrakant Kadu, R/o at Kamptee, Post
Masud, Tq. Katol, Dist. Nagpur.
2. Nitin Prabhakarrao Shinde, R/o Ram Nagar Ward No.2,
Kondhali, Tq. Katol, Dist. Nagpur.
3. Rajendra Chandrabhanji Lokhande, R/o Teachers
Colony Kondhali, Tq. Katol, Dist. Nagpur.
-Versus-
Respondents : 1. State of Maharashtra, through its Secretary,
Department of Education, Mantralaya, Mumbai-32
2. State of Maharashtra, through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32
3. Deputy Director of Education, Nagpur.
4. The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Nagpur.
5. Late Advocate Shamakanth Kadu Junior College,
Kamptee, Dist. Nagpur Through its Principal.
Mr Anand Parchure, Advocate for petitioners
Ms Bharti Dangre, Addl. Government Pleader for respondents no. 1 to 3
________
Writ Petition No.2829 of 2012.
Petitioners: 1. Kapil Sudhakarrao Guntewar, Aged about 32 years,
Swapnil Nagar, Opp. Shivraj Health Club, Plot No.41,
Wadgaon Road, Yavatmal.
2. Himmat Vishwanath Thakare, Aged about 29, R/o At
post Ruiyai, Tah. And dist. Yavatmal.
3. Hemantkumar Baburao Mahalle, Aged about 30, R/o at
Post Ruiyai, Tah and dist. Yavatmal.
-versus-
Respondents : 1. State of Maharashtra, through its Secretary,
Department of Education, Mantralaya, Mumbai-32
2. State of Maharashtra, through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32
3. Deputy Director of Education, Amrtavati.
4. The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Yavatmal.
Mahatma Fule Higher Primary School Waghpur Tah. &
Dist. Yavatmal, Through its Principal.
Mr Anand Parchure, Advocate for petitioners
Ms Bharti Dangre, Addl. Government Pleader for respondents no. 1 to 3
________
Writ Petition No.3059 of 2011.
Petitioners: 1. Vinod Damodhar Hatzade, Aged Major, Occ-Service,
R/o C/o B. D. Bhute, Narsary Colony, Sakoli, Dist.
Bhandara.
2. Keshao Tulshidas Pakgate, Aged Major, Occ-Service,
R/o Lakhandur Road, Sakoli, Dist. Bhandara.
3. Rajesh Kewalram Bhalerao, Aged Major, Occ-Service,
R/o At post Minsi, Tq. Paoni, Dist. Bhandara.
4. Manohar Shankar Urkude, Aged Major, Occ-Service,
R/o 16, Sambhaji Nagar, New Friends Colony, Khat
Road, Bhandara.
5. Prashant Sudhyakar Mahalkar, Aged Major, Occ-
Service, R/o 73, New Matrusmriti Nagar, Near Spring
Dale School, Bhandara.
6. Shailendrakumar Nandram Raut, Aged Major, Occ-
Service, R/o Ashok Nagalwade, Gaytri Nagar, Subhash
Ward, Ganeshpur Bhandara.
7. Suresh Mahadeo Chandewar, Aged Major, Occ-Service,
8. Nilkamal Nilkanthrao Ukey, Aged Major, Occ-Service,
R/o 09, Sarvashri Nagar, Behind Pragati Colony, Umred
Road, Dighori, Nagpur.
9. Jagdish Wamanrao Brahmankar, Aged Major, Occ-
Service, R/o Krushnai Niwas, Rajiv Gandhi Ward,
Pragati Colony, Station Road, Bhandara.
10. Ku. Sushma Gopichand Gaidhane, Aged Major, Occ-
Service, R/o Krushi Colony, Ganeshpur, Bhandara.
11. Ku. Archana Manikrao Rithe, Aged Major, Occ-Service,
R/o Shakti Nagar, Khat Road, Bhandara.
12. Gajanan Sampatrao Khurudkar, Aged Major, Occ-
Service, R/o C/o Ashok Jibhkate, Rajaswa Colony,
Bhandara.
13. Ku. Kavita Ramesh Badwaik, Aged Major, Occ-Service,
R/o Keshao Nagar, Khat Road, Bhandara.
14. Ishwar Kashiramji Mondankar, Aged Major, Occ-
Service, R/o Ganeshpur, Bhandara.
15. Ashidkumar Tulshiram Patil, Aged Major, Occ-Service,
R/o A/P Mohdura, Tq. And Dist. Bhandara.
16. Pournima Rajendra Meshram, Aged Major, Occ-Service,
R/o Officers Colony, Takiya Ward, Bhandara.
17.
Mansaram Shriram Dhadse, Aged Major, Occ-Service,
R/o C/o Narayan Wahane, Fule Ward, Petrol Pump,
J/Nagar, Bhandara.
18. Anilkumar Dharamdas Behare, Aged Major, Occ-
Service, R/o Sai 24, Kisan Nagar, Khat Road, Bhandara.
19. Pradip Chhattarlal Thantharate, Aged Major, Occ-
Service, R/o Rajgopalchari Ward, Rajiv Gandhi Chowk,
Near Hattirog office, Bhandara.
20. Mahendra Santosh Katekhaye, Aged Major, Occ-
Service, R/o Asma Nagar, Takiya Ward, Bhojpur road,
Bhandara.
21. Sau. Waishali Gangadhar Dharaskar, Aged Major, Occ-
Service R/o Station Road, Bhandara.
22. Ku. Smita Ashok Kalbandhe, Aged Major, Occ-Service,
R/o Mahatma Fule Ward, Bhandara.
23. Pramod Kashinath Selokar, Aged Major, Occ-Service,
R/o Gram Sevak Colony, Bhandara.
24. Sau. Shruti Arvind Nanoti, Aged Major, Occ-Service,
R/o Zakir Hussain Ward, Bhandara.
25. Rajendra Vasantrao Meshram, Aged Major, Occ-Service,
R/o Shastri Chowk, Bhandara.
26. Jayendra Namdeorao Petkule, Aged Major, Occ-Service,
R/o Gupte Ward, Khamtalao Road,
27.
Ganraj Krishnaji Bisne, Aged Major, Occ-Service, At
Jambhora, Post Palora, Tq. Mohadi, Dist. Bhandara.
28. Bharat Chaitram Gobade, Aged Major, Occ-Service, R/o
at Jambhora Post Palora, Tq. Mohadi, Dist. Bhandara.
29. Hemraj Balkrishna Meshram, Aged Major, Occ-Service,
R/o at Jambhora Post Palora, Tq. Mohadi, Dist.
Bhandara.
30. Khemraj Ramdas Parshuramkar, Aged Major, Occ-
Service, R/o at Jambhora posat Palora, Tq. Mohadi,
Dist. Bhandara.
31. Harikrishna Wasudeo Borkar, Aged Major, Occ-Service,
R/o at Jambhora post Palora, Tq. Mohadi, Dist.
Bhandara.
32. Ramesh Adku Sangrame, Aged Major, Occ-Service, R/o
at Jambhora post Palora, T q. Mohadi Dist. Bhandara.
33. Ku. Pushpa Tarachand Mungmode, Aged Major, Occ-
Service, R/o at Jambhora post Palora, T q. Mohadi Dist.
Bhandara.
34. Ramchandra Tejaram Nakade, Aged Major, Occ-Service,
R/o C/o Rukhmabai Primary School Chandori (US) Tq.
Sakoli Dist. Bhandara.
35. Sanjio Markand Gobade, Aged Major, Occ-Service, R/o
C/o Rukhmabai Primary School Chandori (US) Tq.
Sakoli Dist. Bhandara.
36. Ramesh Kashiram Rahngdale, Aged Major, Occ-Service,
R/o C/o Rukhmabai Primary School Chandori (US) Tq.
Sakoli Dist. Bhandara.
37. Chetanand Mahadeo Samrit, Aged Major, Occ-Service,
R/o C/o Rukhmabai Primary School Chandori (US) Tq.
Sakoli Dist. Bhandara.
38. Shri Vinod Lalaji Hatwar, Aged Major, Occ-Service, R/o
At Wakeshwar, Post Pahela, Tq. And Dist. Bhandara.
39. Shri Suraj Vithoba Gondane, Aged Major, Occ-Service,
R/o At Wakeshwar, Post Pahela, Tq. And Dist.
Bhandara.
40. Sharad Sitaram Bhure, Aged Major, Occ-Service, C/o
Mahatma Gandhi School, Bampewada, Tq. Sakoli, Dist.
Bhandara.
41. Martand Kewalram Gaidhani, Aged Major, Occ-Service,
C/o Mahatma Gandhi School, Bampewada, Tq. Sakoli
Dist. Bhandara.
42. Khalil Amir Shaikh, C/o Mahatma Gandhi School,
Bampewada, Tq. Sakoli Dist. Bhandara.
43. Jitendra Rokhram Patle, Aged Major, Occ-Service, At
Silli Po.Gangala, Tq. Tyiroda, Dist. Gondia.
44. Rajeshkumar Sukram Thakre, Aged Major, Occ-Service,
A/p Utharwada, Tq. Tumsar, Dist. Bhandara.
45. Jayshankar Bhojram Rahangdale, Aged Major, Occ-
Service, A/p Mutewani, Tq. Tumsar, Dist. Bhandara.
46. Joshi Natthu Nerkar, Aged Major, Occ-Service, A/p
Umarwada, Tq. Tumsar, Dist. Bhandara.
47. Jagan Raghunathji Makade, Aged Major, Occ-Service,
R/o C/o R. B. Kapgate, Suryketu Nagar, Khat Road,
Kohrala, Tq. And Dist. Bhandara.
48. Meghsham Balkrishna Zanzad, Aged Major, Occ-Service,
R/o At post Gopiwada, post Shahpur, Tq. And Dist.
Bhandara.
49. Ku. Damini Mohan Banewar, Aged Major, Occ-Service,
R/o Shriram Nagar, Tumsar, Dist. Bhandara.
50. Ku. Shashikala Nanaji Patle, Aged Major, Occ-Service,
At Indira Nagar, Tumsar, Dist. Bhandara.
51. Rajesh Manohar Banpurkar, Aged Major, Occ-Service,
R/o Shreeram Nagar, Tumsar, Dist. Bhandara.
52. Tareshkumar Ramdas Wahane, Aged Major, Occ-
Service, R/o Dhanegaon, post Mohgaon, Tq. Tumsar,
Dist. Bhandara.
53. Ravikiran Dulichand Patle, Aged Major, Occ-Service,
R/o Bora, Tq. Tiroda, Dist. Bhandara.
54. Mrs. Nafijbano Khalil Shaikh, Aged Major, Occ-Service,
C/o Samarth Prathmik Vidyalaya, Lakhni, Dist.
Bhandara.
55. Ku. Yogita Radheshyam Malewar, Aged Major, Occ-
Service, R/o R. B. Kapgate, Suryketu nagar, Khat Road,
Khokrala, post Mohdura, Tq. Dist. Bhandara.
56. Ku. Vidhya Raghunathrao Nasare, Aged Major, Occ-
Service, R/o Civil Lines, Bhandara.
57. Prashant Jagdish Shende, Aged Major, Occ-
Service, R/o Shriram Nagar, Tumsar, Dist. Bhandara.
58. Chandrashekhar Daulat Girde, Aged Major, Occ-
Service, R/o Vivekanand Colony, Pe;trol Pump, Thana,
Tq. Dist. Bhandara.
59. Sanjaykumar Radhesham Bawankar, Aged Major, Occ-
Service, R/o Shivaji Nagar, Tumsar, Dist. Bhandara.
60. Dipak Govind Shiwankar, Aged Major, Occ-
Service, R/o A/P Masal, Tq. Lakhandur, Dist. Bhandara.
61. Lomesh Somaji Samarth, Aged Major, Occ-
Service, R/o At Post Walani, Tq. Paoni, Dist. Bhandara.
62. Suresh Baliram Hukre, Aged Major, Occ-
Service, R/o Nursery Colony, Sakoli, Dist. Bhandara.
63. Kapoorchand Budhu Mahalgave, Aged Major, Occ-
Service, C/o Shri Sudama Jr. College, Mohadi, Tq.
Mohadi, Dist. Bhandara.
64.
Shri Wasudeo Urkudaji Mohature, Aged Major, Occ-
Service, r/o Shriram Nagar Plot No.61, Behind Gabhane
Sabhagruh, Tumsar, Dist. Bhandara.
65. Naresh Nathhuji Ingle, Aged Major, Occ-
Service, R/o Sindhpuri Post Sihora Tq. Tumsar Dist.
Bhandara.
66. Ku. Jaya Shalikram Badge, Aged Major, Occ-
Service, R/o Vinoba Nagar Near New Water Tank,
Bawanthadi road, Tumsar, Dist. Bhandara.
67. Shri Gunderao Shravan Thakre, Aged Major, Occ-
Service, R/o At post Sihora Tq. Tumsar Dist. Bhandara.
68. Ramchandra Mahadeo Dighore, Aged Major, Occ-
Service, R/o S. P. Bisne, Near Madhumillion loans,
Tumsar, Dist. Bhandara.
69. Ajaykuar Amrutlal Patle, Aged Major, Occ-
Service, R/o At post Sihora Tq. Tumsar Dist. Bhandara.
-Versus-
Respondents: 1. State of Maharashtra, through its Secretary,
Department of Education, Mantralaya, Mumbai-32
2. State of Maharashtra, through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai-32
3. Deputy Director of Education, Nagpur.
The Superintendent, Pay and PF Unit (Primary/
Secondary), Zilla Parishad, Bhandara.
5. The Superintendent, Pay and Provident Fund Unit,
(Primary/Secondary) Zilla Parishad, Gondia.
6. Krushna Murari Katakwar Junior College, Sakoli, Dist.
Bhandra Through its Principal.
7. Nanaji Joshi Junior College, Shahpur, Distt. Bhandara
Through its Principal.
8. Vinod Junior College, Silli/Aamb, Post, Silli, Dist.
Bhandara Through its Principal.
9. Gram Vikas High School and Junior College,
Kondhi(J/Nagar), Dist. Bhandara, through its Principal.
10. S.S.S.S. Mahila Samaj High School, Bhandara Tq. Dist.
Bhhandara, Through its Principal.
11. Saraswati Madhyamik Vidyalaya, Jambhora, Tq. Sakoli,
Dist. Bhandara Through its Principal.
12. Rukhmabai Primary School, Chandori (U.S.) Tq. Sakoli,
Dist. Bhandara Through its Head Master.
13. Gandhi Junior College, Pahela, Tq. Dist. Bhandara
Through its Principal.
14. Mahatma Gandhi Primary School Bampewada, Tq.
Sakoli Dist. Bhandara Through its Principal.
15. Subhash Junior College At Post Mundikota, Tq. Tiroda
Dist. Bhandara through its Principal.
16. Gajanan Vidyalaya, Umarwada Tq. Tumsar Dist.
Bhandara Through its Principal.
17. Rashtramata Indira Gandhi Junior College, Mohadura
Post Mohadura Dist. Bhandara Through its Principal.
18. Gramvikas Junior College Hardoli, Tq. Tumsar Dist.
Bhandara Through its Principal.
19. Samarth Primary Vidyalaya Lakhni Tq. Lakhni Dist.
Bhandara Through its Principal.
20. Modern Junior College, Satona Post Warthi, Tq. Mohadi
Dist. Bhandara Through its Principal.
21. Vikas Junior College, Kharbi Naka, Tq. Dist. Bhandara
Through its Principal.
22. Sharda Vidyalaya, Tumsar Tq. Tumsar Dist. Bhandara
Through its Principal.
23. Gangaram Junior College, Masal, Tq. Lakhandur Dist.
Bhandara Through its Principal.
24. Shri Sudama Junior College Mohadi, Tq. Mohadi Dist.
Bhandara Through its Principal.
25. Maharashtra Junior College, Sihora Tq. Tumsar Dist.
Bhandara Through its Principal.
Mr Anand Parchure, Advocate for petitioners
Ms Bharti Dangre, Addl. Government Pleader for respondents no. 1 to 3
_______
Coram : B. R. Gavai & A. P. Bhangale, JJ
Dated : 20th November 2012
Oral Judgment (Per B. R. Gavai, J)
1. The petitioners have approached this Court challenging legality and
validity of the Government Resolution dated 29.11.2010. The petitioners in all
these petitions are either teachers or non-teaching staff employed by private
school managements. Indisputably, when the petitioners were appointed in the
schools in which they were appointed initially, were not admissible to hundred
percent grant-in-aid at the time of their appointment and also on 1st November
2005. The Government of Maharashtra under various Government Resolutions
has made applicable the provisions contained in the Maharashtra Civil Services
(Pension) Rules to the full-time teachers and non-teaching staff in the non-
Government/private aided schools. The last of such Pension Scheme was framed
under the Maharashtra Civil Services (Pension) Rules, 1982.
2. The Union of India vide Notification issued by its Finance
Department dated 22.12.2003 has made applicable Defined Contributory Pension
Scheme (for short, the "DCP Scheme") to the employees who are appointed on or
after 1.1.2005. The Union of India has also appointed a Committee for the said
purpose. The Government of Maharashtra vide Resolution dated 31st October
2005 had resolved to make similar DCP Scheme applicable to the employees
appointed in the services of the State of Maharashtra on or after 1 st November
2005. The question regarding applicability of the said Scheme to the teaching and
non-teaching staff employed in the recognised non-Government (private) aided
primary, secondary and higher secondary schools so also Junior College of
education was pending consideration before the State Government. Vide
Government Resolution dated 29th November 2010, the Government of
Maharashtra through its School Education and Sports Department has resolved
that teachers and non-teaching staff appointed in the recognized non-
Government (private) aided primary, secondary and higher secondary schools as
also junior college of education on or after 1st November 2005 shall be governed by
the new DCP Scheme. There was also a doubt as to whether the Shikshan Sevaks
who were appointed prior to 1st November 2005 in recognized and hundred
percent aided non-Government schools would be governed by the old Scheme or
the new Scheme. However, such doubt has been clarified by Government
Resolution dated 19.2.2011, by which it has been clarified that such Shikshan
Sevaks who were appointed prior to 1st November 2005 would be governed by
1982 Rules.
3. The question that arises for consideration in the present petition is, as
to whether the employees who were appointed in private recognized schools prior
to 1st November 2005 and whose services were approved by the Competent
Authority but the Schools were not admissible to hundred percent grant-in-aid,
would be governed by 1982 Rules or new DCP Scheme.
4.
Mr Anand Parchure, learned counsel appearing for petitioners
submits that the cut-off date prescribing that only such of the employees who are
working in private recognized schools which are receiving hundred percent grant-
in-aid prior to 1st November 2005 for being eligible to the benefits of the 1982
Pension Rules, is totally arbitrary, unreasonable and not sustainable in law.
Learned counsel further submits that though most of the petitioners were
appointed prior to 1.11.2005 and although their services were also approved by
the Competent Authority and though in most of the cases, they are entitled to
some grants from the Government, they woulds be deprived of the benefits under
the old Scheme which, according to the petitioners, was more beneficial. Learned
counsel submits that the said Government policy is totally discriminatory. An
hypothetical illustration is given by learned counsel for the petitioners that an
employee though appointed in 1998 but if the School receives hundred percent
grant-in-aid in 2008 would be governed by the DCP Scheme whereas an employee
appointed much after him on 31st October 2005 in a school receiving hundred
percent grant-in-aid would be governed by the old 1982 Rules. It is submitted on
behalf of the petitioners that in view of the provisions of rule 19 of the MEPS
Rules, right is created in favour of an employee appointed in a private recognized
school who has retired on or after 1st April 1966. Learned counsel relies on the
judgment of the Division Bench of this Court in the case of Anuradha Jayant
Gangakhedkar v. Brihanmumbai Municipal Corporation reported in 2012 (5) Mh.
L. J. 775 in support of the proposition that the service rendered by an employee
in a private recognized aided school, even for the period during which the said
school was not admissible to grant, is required to be taken into consideration
while considering the question of the applicability of the pensionary benefits.
5. Ms Bharti Dangre, learned Additional Government Pleader, on the
contrary, submits that the pension scheme was made applicable for the first time to
the full-time teaching staff in recognized aided non-Government secondary schools
who would retire on or after 1st April 1966, vide Government Resolution No. SSN
3365-G dated 4th November 1968. Learned Additional Government Pleader
submits that it is the policy of the State Government to make applicable the
Pension Scheme only to such of the employees who are working in hundred
percent non-Government aided schools. It is submitted that even 1982 Rules were
made applicable only to such of the employees who were working in hundred
percent non-Government aided schools. Learned Addl. GP submits that 1982
Rules were made not applicable to the employees who are working in non-aided
schools or which are receiving grant-in-aid in part. She submits that only after
the school comes to hundred percent grant-in-aid, the entire salary is being paid by
the State Government and the State Government can contribute its share in the
pension scheme. She further submits that the Government has taken a policy
decision vide Government Resolution dated 31st October 2005 that the DCP
Scheme would be made applicable to all such employees or officers who are
appointed on or after 1st November 2005. It is submitted that since only such of
the employees who are working in hundred percent private recognized
Government aided schools are entitled to be considered as Government
employees. Learned Addl. Government Pleader submits that cut -off date,
therefore, is on rational basis so as to bring parity between the Government
employees and the employees working in private recognized Government aided
schools.
6. By now, the position in this behalf is well-settled. The Constitution
Bench of the Apex Court in D. S. Nakara & ors v. Union of India reported in AIR
1983 SC 130 where the Supreme Court had an occasion to consider the question
as to whether pension is a bounty and a gratuitous payment depending upon the
sweet will or grace of the employer not claimable as a right and as to whether the
same can be enforced through Court. The Apex Court relying upon its earlier
Constitution Bench judgment in the case of Deoki Nandan Prasad v. State of Bihar
reported in AIR 1971 SC 1409, has held that pension is a right and the payment of
it does not depend upon the discretion of the Government but is governed by the
rules and a Government servant coming within those rules is entitled to claim
pension. In this view of the matter, we will have to consider the claim of the
petitioners in the present case.
7. Undisputedly, the right to pension of the petitioners who are
working in private recognized schools which were admissible to hundred percent
grant-in-aid flows from rule 19 of the MEPS Rules, 1981. Rule 19 of the
Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
reads as under:
"19. Pension.
An employee of an aided secondary school and aided Junior
College of Education working on full time basis and retiring on or
after 1st April 1966 and an employee of an aided primary school
working on full time basis and retiring on or after the 1st April 1979
but who have opted for pension and the employee appointed on or
after the above-mentioned respective dates shall be eligible for
pension at the rates and in accordance with the rules as are
sanctioned by Government specifically to the employees of private
schools."
8. It can thus be seen that the said rule is applicable to employees of
aided secondary school, primary school and junior college of education working on
full-time basis. Employees covered by rule 19 are eligible for pension at such
rates and in accordance with the rules as are sanctioned by Government
specifically to the employees of private schools.
9. Further, it will be relevant to read preamble of the Government
Resolution dated 4th November 1968. The said preamble is reproduced as under:
"RESOLUTION : I. The question of application of pension, gratuity
and other retirement benefits to the teaching staff in recognised and
aided non-Government secondary schools in Maharashtra was under
the consideration of Government for some time past. Government is
now pleased to direct that the pension, gratuity and other retirement
benefits admissible to the Maharashtra State Government Servant
under the Revised Pension Rules, 1950, contained in Appendix XIV-C
of Bombay Civil Services Rules, Volume-II as amended from time to
time, the Family Pension Scheme sanctioned in Government
Resolution, Finance Department No. PE-1464/3-64-X, dated 8th May,
1964, as amended from time to time should be made applicable to the
full-time teaching staff in recognised and aided non-Government
secondary schools in the State who retire on or after 1st April 1966."
10. It is thus clear that the Government vide above resolution dated 4th
November 1968 itself has made applicable Revised Pension Rules, 1950 applicable
to the full-time teaching staff in recognised and aided non-Government secondary
schools in the State who would retire on or after 1st April 1966. It is also not in
dispute that the 1950 Rules came to be amended from time to time and lastly
1982 Rules were in vogue till the Government Resolution dated 31st October 2005
came into effect.
11. It would be seen that the petitioners are not deprived of right to
pension. The only question is, as to whether they would be entitled as a matter of
right to be governed by 1982 Rules though the Government has brought into effect
new Scheme from 1st November 2005.
12. As already discussed hereinabove, on the basis of rule 19 of the
MEPS Rules, the petitioners at the most can claim right to pension at the rates and
in accordance with the rules as are sanctioned by Government specifically to
employees of private schools. It is also not in dispute that the Government has
abandoned the Scheme as framed under 1982 Rules and has formulated new
Scheme vide Government Resolution dated 31st October 2005.
13. Therefore, next question that would fall for consideration is, as to
whether decision of the Government of not giving benefit to the employees who
were appointed by the private management and whose services were approved
but which schools were not admissible to hundred percent grant-in-aid on 1st
November 2005 , is sustainable or not.
14. By now, it is settled position of law that a cut-off is permissible. The
only requirement in law is that basis for such a cut-off should not be unreasonable,
arbitrary and violative of Article 14 of the Constitution of India. On the touch-
stone of these principles, we will have to examine the decision of the Government.
15. The State Government has in unequivocal terms stated that it has
been policy of the State to make applicable pensionary scheme only to such of the
employees who were working in hundred percent aided schools. Notice is also
required to be taken that only after school starts receiving hundred percent grant-
in-aid, entire salary amount of the employees would be required to be paid by the
Government. Till the School is made entitled to receive hundred percent grant-in-
aid, the State Government is not enjoined with the responsibility of paying entire
salary. It is also a settled principle of law that primary responsibility to make
payment of salary to the staff is on the management. In that view of the matter,
we find that decision in prescribing cut-off date of 1st November 2005 and
providing that only such of the employees who are working on hundred percent
aided schools prior to 1st November 2005 being entitled to the benefit of old
Scheme cannot be said to be either unreasonable or arbitrary. It is only after the
school is brought on hundred percent grant-in-aid basis, the employee of such
school would be entitled to be equated with Government employee.
16. We find that had the Government not prescribed such a cut-off date,
it would have led to anomalous situation. As already discussed hereinabove, the
basic responsibility in an unaided recognized school to pay salary to its employees
is on the management of the school. Taking the hypothetical situation as
suggested by the counsel for petitioners, if an employee is appointed in 1998 and
school comes to hundred percent grant in 2008 the question would be who would
pay employer's contribution for a period of ten years. We, therefore, find that
Scheme as formulated by the State Government is also totally workable inasmuch
as employee who is receiving hundred percent salary from the public exchequere
prior to 1st November 2005 is being governed by old Scheme. Had such a cut-off
date not being provided for, there would have been discrimination between
employees of the State Government who are appointed on or after 1st November
2005 and who are getting hundred percent salary from the State Government and
the employees like the petitioner who are not getting full salary from the State
Government. The Scheme has also taken care to see to it that a person who,
though appointed in a school prior to 2005 and the school receives hundred
percent grant-in-aid after 2005, would be entitled to enter into the new scheme as
on the date on which the school comes to hundred percent grant-in-aid. In that
view of the matter, we are unable to accept the contention of learned counsel for
the petitioners that the Scheme is violative of Article 14 of the Constitution of
India or unreasonable and arbitrary.
17.
Insofar as the judgment of Division Bench of this Court in Anuradha
Gangakhedkar's case (supra) is concerned, the Division Bench was construing the
Pension Scheme framed by the Municipal Corporation of Greater Mumbai for its
employees. In the said case, the employee was appointed as Assistant Teacher in
the year 1982 in a school which was initially not admissible to grant-in-aid and
was brought on aided basis in the year 2001. The Corporation, however, held that
she was not eligible for pension as she had not completed qualifying service after
school became fully aided in the year 2005. The Division Bench held that
petitioner worked in a post which was sanctioned and approved by the Education
Officer. The Division Bench held that there was no warrant in the Pension Scheme
to exclude while computing qualifying service, the service which is rendered by an
employee before a school came to be in receipt of grant-in-aid. So long as the
school was in receipt of grant-in-aid on the date on which an employee retired
from service upon attaining the age of superannuation, the applicability of the
Pension Scheme would be attracted. It was held that the petitioner was an
employee of a private primary aided school on the date of retirement and was
hence eligible. There, the Court was not considering the question as to whether a
cut-off date which provided some employees to be governed by an earlier Scheme
and some employees to be governed by the new Scheme. As such, in our view, the
said judgment would not be applicable to the facts of the present case.
18. It is a different matter as to whether while considering the question
as to whether an employee who is working in an aided school on the date of
retirement, would be entitled to benefit of services rendered by him in the said
School during the period when the school was not admissible to grant-in-aid.
Petitioners have also placed on record Government Resolution dated 14th February
1972 which provides that when a teacher retires from an aided non-Government
secondary school and is prima facie covered by the Pension Scheme for teachers in
an aided non-Government secondary schools, the service rendered by him in the
same school if and when it was unaided or in other unaided secondary schools
where he might have previously worked, should be allowed to be counted as
qualifying service for the purposes of pension on the conditions stated in the said
resolution. This is not a case before us. If an employee is denied pensionary
benefit on the ground that his services after the school was brought on hundred
percent grant-in-aid are not sufficient to qualify and the Authorities refuse to take
into consideration the services rendered by him in such school while the said
school was on unaided basis, such an employee would undoubtedly be entitled to
benefit of Government Resolution 14th February 1972 and would also be entitled to
derive the support from the Division Bench of this Court referred to above.
19. In that view of the matter, we find that challenge as raised to the
validity of the Government Resolution dated 29.11.2010 is without any substance
and as such petitions fail. Rule is accordingly discharged in all these petitions with
no order as to costs.
A. P. BHANGALE, J B. R. GAVAI, J
joshi
