Bombay High Court
Kai Wamanrao Bordikar Seva ... vs The State Of Maharashtra And ... on 27 June, 2016
Bench: S.S. Shinde
3671.16WP+
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3671 OF 2016
Shivshakti Shikshan Prasarak Mandal
Dharur, through its Secretary
Shri. Yeshvant U. Gayke
Age: 40 years, Occu: Agri.
R/o. At Post Dharur (K)
Tq. Dharur, District Beed.
i) Shivshakti Shikshan Prasarak Mandal's
Dattatrya Balasadhan (Balgraha),
(Kasba Vibhag), Dharur,
Tq. Dharur, Dist. Beed. PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal Secretary
Women and Child Development
Mantralaya, Mumbai - 32.
2. The Principal Secretary,
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
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Development Officer, Beed,
Tq. & Dist. Beed. RESPONDENTS
WITH
WRIT PETITION NO.6461 OF 2016
Gijau Seva Prathisthan Veiragad,
Tq. Ahmedpur, District: Latur,
Through its Joint Secretary,
Shri. Manohar s/o. Bhaurao Bhadade,
Aged: 60 Years, Occ. Agri.
R/o. Vairagad, Tq.Ahmedpur,
Dist. Latur. PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
Development Officer, Hingoli,
Tq. and Dist. Hingoli.
6. The Additional Chief Secretary,
Planning Department,
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Maharashtra State, Mantralya
Mumbai - 32. RESPONDENTS
WITH
WRIT PETITION NO.6464 OF 2016
Jay Jagdamba Shikshan Prasarak Mandal,
Nirala Tanda, Tq. Kinwat, Dist. Nanded,
Through its Secretary,
Shri. Santosh s/o. Vasram Rathod,
Aged: 36 Years, Occ. : Agri.
R/o. Nirala Tanda, Tq.Kinwat,
Dist. Nanded. PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
Development Officer, Nanded,
Tq. and Dist. Nanded.
6. The Additional Chief Secretary,
Planning Department,
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Maharashtra State, Mantralya
Mumbai - 32. RESPONDENTS
WITH
WRIT PETITION NO.6468 OF 2016
Kai. Wamanrao Bordikar Seva Sanstha
Jintur, Tq. Jintur, District Parbhani
Through its Secretary,
Smt. Meenatai Ramprasad Kadam (Bordikar),
Age: 63 Years, Occu. Agri.
R/o. Jintur, Tq.Jintur, Dist.Parbhani
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
Development Officer, Parbhani,
Tq. and Dist. Parbhani.
6. The Additional Chief Secretary,
Planning Department,
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Maharashtra State, Mantralya
Mumbai - 32. RESPONDENTS
WITH
WRIT PETITION NO.6746 OF 2016
Dnyangangotri Education Society Udgir
Tq. Udgir, Dist. Latur
Through its Secretary,
Baburao s/o. Namdeorao Kadam,
Aged: 62 Years, Occ. : Secretary
R/o. Noor Patel Colony, Udgir,
Tq. Udgir, Dist. Latur.
Being runs: Dr.Ambedkar Dnayansadna
Balakashram, Udgir,
Tq.Udgir, Dist.Latur.
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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WITH
WRIT PETITION NO.6747 OF 2016
Dnyangangotri Education Society Udgir
Tq. Udgir, Dist. Latur
Through its Secretary,
Baburao s/o. Namdeorao Kadam,
Aged: 62 Years, Occ. : Secretary
R/o. Noor Patel Colony, Udgir,
Tq. Udgir, Dist. Latur.
Being runs: Nalanda Balakashram, Udgir,
Tq.Udgir, Dist.Latur.
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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WITH
WRIT PETITION NO.6748 OF 2016
Dnyangangotri Education Society Udgir
Tq. Udgir, Dist. Latur
Through its Secretary,
Baburao s/o. Namdeorao Kadam,
Aged: 62 Years, Occ. : Secretary
R/o. Noor Patel Colony, Udgir,
Tq. Udgir, Dist. Latur.
Being runs: Dnyangangotri Education Society
Udgir Sanchlit Balgruha, Udgir
ig
Tq.Udgir, Dist.Latur.
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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WITH
WRIT PETITION NO.6749 OF 2016
1. Vijay Shikshan Prasarak Mandal Nanded,
Through its President,
Sunil s/o Rupsingh Pawar, Age 49 years,
Occu. Social Work, R/o. Ram Naik Tanda
Tq. Kandhar, Dist. Nanded
2. Kai. Thawara Naik Seva Samitee Naik Nagar
Nanded, Through its President, Anil
Bhojaram Rathod, Age 48 Years,
Occu. Social Work,
R/o. Prothi Tanda, Tq.Kinwat,
Dist. Nanded. PETITIONERS
VERSUS
1. The State of Maharashtra,
Through : Principal Secretary
to the Government of Maharashtra in
Women & Child Development Department,
M.S., Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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...
Mr.S.S.Mundhe, Mr.N.P.Patil Jamalpurkar,
Mr.Bapusaheb B. Dahiphale (Patil), Mr.Suhas
P.Urgunde and Mr.Farooqui Kamaluddin N.,
Advocates for the petitioners in respective
Writ Petitions.
Mr.S.B.Yawalkar, AGP for Respondent-State in
all Writ Petitions.
...
CORAM : S.S. SHINDE & SANGITRAO S. PATIL, JJ.
Dated: JUNE 27, 2016
ig ...
ORAL JUDGMENT ( S.S. SHINDE, J)
Not on board. Taken on board.
2. The learned counsel appearing for
the respective petitioners in the respective
Petitions undertake to deposit the deficit
court fees, if any, within three weeks from
today.
3. Rule. Rule made returnable
forthwith. Heard finally with the consent of
the learned counsel appearing for the
parties.
4. Heard the learned counsel appearing
for the respective petitioners. It is
submitted by them that the concerned
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Respondent Authorities have made assessment
of the expenditure incurred by them in
respect of the years concerned and after
assessment, the orders have been issued
indicating the amount therein, for which the
petitioners are entitled as per the
Government policy. The petitioners have
placed on record copies of the assessment
orders signed by the respondent authorities
concerned. It is submitted that though there
is assessment from the year 2011 onwards, as
a matter of fact, the amount for which the
petitioners are entitled, has not been
disbursed in favour of the petitioners. It is
submitted that the concerned Department has
disbursed the amount to various similarly
situated institutions, relying upon the
assessment orders. Therefore, the learned
counsel appearing for the petitioners jointly
submit that the Respondents may be directed
to disburse the amounts, due and payable as
per the Assessment Orders, which are placed
on record with the Writ Petitions, after
verifying the original record maintained by
the office of the concerned respondents.
5. On the other hand the learned A.G.P.
appearing for the Respondent/State submits
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that the Departments of Planning and Finance
have not approved the proposals forwarded by
the concerned Department i.e. the Department
of Woman and Child Development, for sanction
and disbursement of the amount, and the said
Departments have raised certain queries. He
prays that the hearing of these Petitions may
be deferred and six weeks time may be given
to the Respondent/State, so as to carry out
reassessment and also ask the concerned
department to cure the deficiencies/ clear
the doubts pointed out by the Planning and
Finance Departments.
6. We have heard the learned counsel
appearing for the petitioners and learned
A.G.P. appearing for the Respondent- State.
With their able assistance, we have perused
the pleadings in the Petitions and annexures
thereto.
7. It is not in dispute that the
concerned Department by making budgetary
provision after issuing Government Resolution
has disbursed substantial amount in favour of
some of the institutions similarly situated
like the petitioners. It, prima facie,
appears that there is some difference of
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opinion between the concerned Department i.e.
Department of Woman and Child Development on
one hand and the Departments of Planning and
Finance on the other about disbursement of
the amounts claimed. It is an internal matter
of the State Government and all the concerned
in the process will have to resolve the same
at their level. Therefore, we are of the
opinion that the ends of justice would be met
in case the Chief Secretary, Government of
Maharashtra is directed to look into the
subject matter of these Writ Petitions and
direct the concerned departments to ensure
the disbursement of amounts as per the
entitlement of the petitioners, after
verifying the original record maintained by
the concerned Respondent Authorities, who
have issued the assessment orders in favour
of the petitioners and also similarly
situated institutions throughout the State,
and if necessary, also by verifying the
record maintained by the petitioners
-institutions, as expeditiously as possible,
and preferably within 10 weeks from today,
and those institutions who are found eligible
as per government policy then prevailing, the
amounts should be disbursed to them within
two weeks thereafter. However, the entire
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exercise should be done within 12 weeks from
today. We make it clear that the Heads of the
Departments of Woman and Child Development,
Planning and Finance Department and the Chief
Secretary, Government of Maharashtra would be
jointly responsible for implementation of the
directions issued hereinabove.
8. With the above observations/
directions, all the Writ Petitions stand
disposed of.
9. Rule is made absolute in the above
terms.
10. The parties shall act upon
authenticated copy of this order.
11. Pending Civil Applications, if any,
stand disposed of.
Sd/- Sd/-
(SANGITRAO S. PATIL, J.) (S.S. SHINDE, J.)
SGA
