Bombay High Court
Shri Manik Prabhu Sanstha ... vs The State Of Maharashtra And ... on 30 June, 2016
Bench: S.S. Shinde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6851 OF 2016
Shri Manik Prabhu Sanstha
Balkashram, Ambulga,
Tq. Kandhar, District Nanded,
Through its Superintendent
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal Secretary
Women and Child Development
Department, Mantralaya,
Mumbai - 32.
2. The Commissioner of
Women and Child Development
Mantralaya, Mumbai.
3. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
4. The District Women and Child
Development Officer, Nanded,
Dist. Nanded. RESPONDENTS
WITH
WRIT PETITION NO.6853 OF 2016
Digambar Patil Balkashram
(Balgrah) Shri Nagar, Mukhed,
Tq. Mukhed, Dist. Nanded
Through its Superintendent
PETITIONER
VERSUS
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1. The State of Maharashtra,
Through Principal Secretary
Women and Child Development
Department, Mantralaya,
Mumbai - 32.
2. The Commissioner of
Women and Child Development
Mantralaya, Mumbai.
3. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
4. The District Women and Child
Development Officer, Nanded,
Dist. Nanded. RESPONDENTS
WITH
WRIT PETITION NO.6854 OF 2016
Punyashlok Ahilyadevi Holkar
Shikshan Prasarak Mandal's
Shri Datta balakasham Hadgaon,
Tq. Hadgaon, District Nanded,
Through its Superintendent
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal Secretary
Women and Child Development
Department, Mantralaya,
Mumbai - 32.
2. The Commissioner of
Women and Child Development
Mantralaya, Mumbai.
3. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
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6851.16WP+
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4. The District Women and Child
Development Officer, Nanded,
Dist. Nanded. RESPONDENTS
...
Mr. M.S. Karad h/f Mr. S.S. Thombre,
Advocate for the petitioner in all Writ
Petitions.
Mr.V.H. Dighe & Mr. S.D. Kaldate, AGPs for
Respondent-State in respective Writ
Petitions. ig ...
CORAM : S.S. SHINDE & SANGITRAO S. PATIL, JJ.
Dated: JUNE 30, 2016
...
ORAL JUDGMENT ( S.S. SHINDE, J)
Not on board. Taken on board.
2. The learned counsel appearing for
the petitioners in the respective Petitions
undertakes 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.
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4. Heard the learned counsel appearing
for the petitioners. It is submitted that the
concerned 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 submits
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.
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5. On the other hand the learned A.G.P.
appearing for the Respondent/State submits
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
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like the petitioners. It, prima facie,
appears that there is some difference of
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
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amounts should be disbursed to them within
two weeks thereafter. However, the entire
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.
Sd/- Sd/-
(SANGITRAO S. PATIL, J.) (S.S. SHINDE, J.)
SGA
