Shri. Sitaram Hanmant Lavte And ... vs The Asst. Commissioner, Social ...
2021 Latest Caselaw 8582 Bom

                                            1-wp-4511-2019 with cont. matters-1




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO.4511 OF 2019

 Shri.Sitaram Hanmant Lavate & Ors.                ...Petitioners
         V/s.
 The Assistant Commissioner,
 Social Welfare Office, Solapur & Ors.             ...Respondents

                               WITH
                  WRIT PETITION (ST) NO.5450 OF 2019

 Prabhakar Murlidhar Kolekar & Ors.                ...Petitioners
       V/s.
 The State of Maharashtra
 Through Its Secretary & Ors.                      ...Respondents

                                WITH
                    WRIT PETITION NO.4236 OF 2019

 Sunil Pandurang Gaurav & Ors.                     ...Petitioners
        V/s.
 The State of Maharashtra
 Through The Secretary & Ors.                      ...Respondents

                                WITH
                    WRIT PETITION NO.7246 OF 2018

 Sopan Ramchandra Chande & Ors.                    ...Petitioners
       V/s.
 The State of Maharashtra
 Through The Secretary & Ors.                      ...Respondents

                                WITH
                    WRIT PETITION NO.9768 OF 2019


    N.S. Kamble                                                     page 1 of 4




::: Uploaded on - 03/07/2021             ::: Downloaded on - 18/09/2021 18:25:19 :::
                                             1-wp-4511-2019 with cont. matters-1



 Machhindra S/o Vishnu Kolte & Ors.                ...Petitioners
       V/s.
 The State of Maharashtra
 Rural Development & Water
 Conservation & Ors.                               ...Respondents

                                WITH
                    WRIT PETITION NO.8784 OF 2018

 Riyaz S/o. Hamidbhai Momin & Ors.                 ...Petitioners
        V/s.
 The State of Maharashtra
 Through The Secretary & Ors.                      ...Respondents

                                WITH
                     WRIT PETITION NO.9192 OF 2018

 Aalamgir S/o.Mahamudkhan Mulla & Ors.             ...Petitioners
       V/s.
 The State of Maharashtra
 Through The Secretary & Ors.                      ...Respondents

                                ----
 Mr.I.M. Khairdi, for the Petitioner in Writ Petition No.4511 of
 2019.

 Mr.S.B. Sontakke for the Petitioner in Writ Petition (ST)
 No.5450 of 2019, WP No.4236 of 2019, 7246 of 2018, 9768 of
 2019, 8784 of 2018 and 9192 of 2018.

 Mr.Siddhesh Pilankar i/bDr.Uday P. Warunjukar for Respondent
 Nos.2 and 3 in Writ Petition No.9192 of 2018.

 Mr.Ashutosh Gavnekar i/b Mr.C.G. Gavnekar for Respondent
 Nos.2 and 3 in Writ Petition No.7246 of 2018.

 Mr.A.I. Patel, Additional Government Pleader a/w Mr.K.N.
 Solunke, AGP for Respondent-State in all Writ Petitions.

    N.S. Kamble                                                     page 2 of 4




::: Uploaded on - 03/07/2021             ::: Downloaded on - 18/09/2021 18:25:19 :::
                                                       1-wp-4511-2019 with cont. matters-1



 Mr.P.G. Chavan for Respondent No.2 in Writ Petition No.8784
 of 2018.
                            ----
                       CORAM : NITIN JAMDAR AND
                                 C. V. BHADANG, JJ.

DATE : 29 June 2021 (Through Video Conferencing)

P.C.

. On 1 April 2021, the learned Advocate General had made a statement that since various Petitions are filed in this Court at Principal Seat and benches at Nagpur and Aurangabad on the same issues even though the position of law is settled by this Court, the Government will look into the issue and consider forming a Study Group so that needless litigation can be avoided.

2. We are informed that on 26 April 2021, referring to the order dated 1 April 2021, the State Government has formed a Study Group to deal with the issue of recurring litigation in School Education Department.

3. The relevant portion of the Resolution reads thus:-

"A study group is set up in the School Education and Sports Department to inter alia identify the common area of disputes between the aforesaid 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 N.S. Kamble page 3 of 4

1-wp-4511-2019 with cont. matters-1

concluded by the Judgments and Orders of the Hon'ble High Court or Supreme Court. This Study group ought to give suggestions as to how this type of litigation does not arise in the first place.

This 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 as also consistent defence in all such matters, before the Hon'ble Courts."

The learned AGP seeks time to place on record the progress pursuant to the establishment of the Study Group, by way of an affidavit.

4. Apart from the formation of the Study Group, the Government will consider that if the State Government is not challenging any position of law laid down by this Court in the matters of litigation concerning the School Education Department, then the State should issue a corrective government resolution and instructing the Education Authority to follow the same.

5. Stand over to 8 July 2021 to be listed under the caption 'For Directions'.

   (C. V. BHADANG, J.)                              (NITIN JAMDAR, J.)


      N.S. Kamble                                                                page 4 of 4