Sunil Pandurang Gurav And Ors vs The State Of Maharashtra Through ...
2021 Latest Caselaw 9996 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.7246 OF 2018

Sopan Ramchandra Chande & Ors.                 .. Petitioners
     Versus
The State of Maharashtra & Ors.                .. Respondents

                             ALONG WITH
                   WRIT PETITION (ST.) NO.5450 OF 2019

Prabhakar Murlidhar Kolekar & Ors.             .. Petitioners
     Versus
The State of Maharashtra & Ors.                .. Respondents

                               ALONG WITH
                       WRIT PETITION NO.4236 OF 2019

Sunil Pandurang Gurav & Ors.                   .. Petitioners
      Versus
The State of Maharashtra & Ors.                .. Respondents

                               ALONG WITH
                       WRIT PETITION NO.9768 OF 2019

Machhindra Vishnu Kolte & Ors.                 .. Petitioners
     Versus
The State of Maharashtra & Ors.                .. Respondents

                               ALONG WITH
                       WRIT PETITION NO.8784 OF 2018

Riyaz Hamidbhai Momin & Ors.                   .. Petitioners
      Versus
The State of Maharashtra & Ors.                .. Respondents

                               ALONG WITH
                       WRIT PETITION NO.8752 OF 2018

Amrit Krishna Sonawane & Ors.                  .. Petitioners
      Versus
The State of Maharashtra & Ors.                .. Respondents




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                               ALONG WITH
                       WRIT PETITION NO.9192 OF 2018

Aalamgir Mahamudkhan Mulla & Ors.                .. Petitioners
     Versus
The State of Maharashtra & Ors.                  .. Respondents

                               ALONG WITH
                       WRIT PETITION NO.4511 OF 2019

Sitaram Hanmant Lavte & Ors.                               .. Petitioners
      Versus
The Asst. Commissioner,
Social Welfare Office, Solapur & Ors.                      .. Respondents

            ---
Mr.S.B. Sontakke for the petitioners in all petitions except WP/4511/19.
Mr.I.M. Khairdi for the petitioners in WP4511/19.
Mr.A. A.Kumbhakoni, Advocate General a/w Mr.P.P. Kakade, GP a/w
Mr.A.I. Patel, Addl. GP and Mrs. P.J. Gavhane, AGP for State in all
petitions.
Mr.P.G. Chavan for the respondent no.2 in WP/8784/18.
Mr.Ashutosh Gavnekar i/by Mr.C.G. Gavnekar for the respondent nos. 2
& 3 in WP/7246/18.
Mr.Vijay Killedar for the respondent nos.2 & 3 in WP/8752/19 for Z.P.
Dr.Uday Warunjikar a/w Mr.Sumit Kate for the respondent nos.2 &3 in
WP/9192/19 for Z.P.
            ---

                                  ALONG WITH
                              (Serial No.4 on board)
                       WRIT PETITION NO.2245 OF 2020

Gopal Shivram Sonawale                           ..     Petitioner
     Versus
The State of Maharashtra & Ors.                  .. Respondents

                                   ---
Mr.Shivram K. Mathpat for the petitioner.
Mrs.P.J. Gavhane, AGP for the respondent nos.1 to 4.
Mr.Shankar P. Thorat for the respondent nos.6 to 8 -Thane ZP.
                                   ---




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                               CORAM : R.D. DHANUKA
                                         R. I. CHAGLA, JJ.

                              DATE     : 30th JULY 2021
                                   (through video conferencing)

P.C.:-


.               Pursuant to the order passed by this Court on 19 th March

2021 and 1st April 2021 pointing out various issues being raised in large number of petitions and though having been concluded by one or other judgments of this Court or the Hon'ble Supreme Court, repeated orders are passed by the authorities contrary to such judgments, we required the intervention of the learned Advocate General in the matter.

2. It is submitted by the learned Advocate General that a Study Group consisting of several members of Education Department, Law Officers, Additional Government Pleaders, Assistance Government Pleaders is formed, who would consider the common areas of disputes between the employees on the one hand and their employers or the concerned authorities of the State Government on the other hand, where recurring judicial proceedings arise out of issues or controversies that have already been finally concluded by the judgments and orders of this Court or Supreme Court. The Study Group will also give suggestions as to how in respect of such common disputes, the State Government and resultantly, the School Education and Sports Department is able to put up a common and also consistent defence in all such matters, before this Court. Learned Advocate General produced a copy of the Resolution dated 26th April 2021 in this regard. Copy of the said resolution is taken on record.

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3. We are informed that State Government has also formulated 21 issues relating to School Education Department which would be discussed by the State Government on priority basis. Learned Advocate General assured this Court that all these issues would be looked into at the earliest and appropriate solution would be suggested to the Court to reduce pending litigations on those issues and to obviate fresh litigation on concluded issues.

4. It is submitted by the learned Advocate General that the issues would be crystallized by the Study Group based on the judicial verdict already declared by this Court and the Supreme Court on various issues relating to the education and would be circulated amongst all the officers of the Education Department with a direction to follow such decisions in every case where such decisions are applicable.

5. It is submitted that the issues which are not covered by any of those judgments delivered by this Court or the Hon'ble Supreme Court, State Government in all such matters pending before the Principal Bench as well as before the Aurangabad bench and Nagpur Bench would file standard affidavit so as to take consistent stand and to avoid any conflicting decision. It is stated by the learned Advocate General that the judgments which are already pronounced by this Court and the Hon'ble Supreme Court if required to be reconsidered, according to the State Government, the State Government would consider whether to file review petitions or to challenge those judgments of this Court before the Hon'ble Supreme Court or not. In this regard, appropriate decision would be taken by the Government on or before 13th August 2021.

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6. Dr. Warunjikar, learned counsel for the Zilla Parishad in some of the matters makes a suggestion that there should not be any conflict between the State Government and Zilla Parishad in the matters arising before this Court in such matters. His suggestion is that State Government shall issue circular to all the Zilla Parishad clarifying its stand in the matters including the stand on the question of law as well as on interpretation of the circular issued by the State Government from time to time in such matters. Learned Advocate General states that the suggestion given by Dr.Warunjikar has already been taken care of.

7. Mr.Sontakke, learned counsel for the petitioners in some of the matters states that large number of the orders are passed by the authorities contrary to the judgments of this Court and the Hon'ble Supreme Court. The litigants are unnecessarily required to spend time and money. He states that the Government shall take an appropriate decision on the issue involved at the earliest and shall not render any conflicting orders.

8. We accept the statements and the assurance made to this Court by the learned Advocate General. We also make the following suggestions :-

(i) The State Government to consider whether the Education Officers and higher authorities who are empowered to pass such quasi judicial orders whether should be law graduate or at least should have legal background. State Government to make such statement before this Court on the next date.

(ii)    The pension matters shall be given priority by the authorities and





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shall be disposed of at the earliest and not later than four weeks from the date of receipt of such applications.

(iii) The representations made by the litigants remain pending before the authorities for years together. The authorities shall dispose of such representations in accordance with law at the earliest and not later than eight weeks from the date of receipt of such representations.

(iv) It is made clear that today we are adjourning these matters to enable the State Government to take appropriate decision by discussing the matters through Study Group or via intervention of the learned Advocate General.

(v) We reasonably expect that large number of litigations would be resolved with the intervention of the learned Advocate General and the Study Group. We are reluctant to state that passing any orders by the authorities in gross and deliberate defiance of the judgments of this Court and the Hon'ble Supreme Court may invite action under Contempt of Courts Act, 1971. Parties shall not be forced to approach the Court and spend time and money on unnecessary litigations. Such unnecessary litigation takes lot of precious time of the Court.

(vi) The petitioners are also free to give valuable suggestions to the learned Advocate General within one week from today and if any suggestion are received, such suggestion also shall be looked into by the learned Advocate General and shall take appropriate decision thereon.

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9. Place the matter High on board on 13 th August 2021, preferably before the physical Court.

              R. I. CHAGLA J.               R.D. DHANUKA, J.