Kiran Raosaheb Patil vs The State Of Maharashtra Through ...
2021 Latest Caselaw 15434 Bom

MUGDHA
M
PARANJAPE
Digitally signed by
MUGDHA M                                       Order-WP 2527-20, WP 4560-20, WP 4561-20, WP
PARANJAPE                                                4559-19, WP 2526-20, WP 2525-20.odt
Date: 2021.10.27
17:31:40 +0530

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO. 2527 OF 2020

         Shri Kiran Raosaheb Patil                                 ... Petitioner

                      Vs.
         The State of Maharashtra and Ors.             ... Respondents
                                       WITH
                         WRIT PETITION NO. 4560 OF 2019

         Smt. Pushpa Mahadeo Sanap @
         Rashmi Rajendra Ubhare                                    ... Petitioner

                      Vs.
         The State of Maharashtra and Ors.                         ... Respondents

                                          WITH
                              WRIT PETITION NO. 4561 OF 2019

         Shri Nitin Narayan Gaikwad                                ... Petitioner

                      Vs.
         The State of Maharashtra and Ors.                         ... Respondents

                                          WITH
                              WRIT PETITION NO. 4559 OF 2019

         Smt. Shubhangi Dattaram Pawar @
         Shubhangi Balaram Dabade                                  ... Petitioner

                      Vs.
         The State of Maharashtra and Ors.                         ... Respondents




         Mugdha                                                            1 of 11
                                       Order-WP 2527-20, WP 4560-20, WP 4561-20, WP
                                                4559-19, WP 2526-20, WP 2525-20.odt


                               WITH
                   WRIT PETITION NO. 2526 OF 2020

Smt. Pushpa Pandurang Khaire @
Pushpa Harishchandra Nage                                 ... Petitioner

         Vs.
The State of Maharashtra and Ors.                         ... Respondents

                               WITH
                   WRIT PETITION NO. 2525 OF 2020

Smt. Bharati Malleshkumar Kadake @
Bharati Sambhaji Kamble                                   ... Petitioner

         Vs.
The State of Maharashtra and Ors.                ... Respondents
                              -------
Mr.Y.B. Lengare with Mr. Wilson Robi, advocates for Petitioners in
all Writ Petitions.
Mr.N.K. Rajpurohit, AGP in WP No.2527/2021, Ms.S.S. Bhende, AGP
in WP No.4560/2019, Mrs.P.J. Gavhane, AGP in WP No.4561/2019,
Ms.K.N. Solunke, AGP in WP No.4559/2019, Mr.N.C. Walimbe, AGP
in WP 2526/2020 and Mr.V.M. Mali, AGP in WP 2525/2020 for
Respondents-State.
                              -------

                    CORAM            : R.D. DHANUKA AND
                                       ABHAY AHUJA, JJ.

RESERVED ON : 20TH OCTOBER, 2021 PRONOUNCED ON : 27TH OCTOBER, 2021

ORDER : (PER ABHAY AHUJA, J.)

1. Since the issues involved in all these Petitions are

similar, we deem it appropriate to pass a common order.

Mugdha 2 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

2. In Writ Petition No.2527 of 2020, learned Counsel for

Petitioners, on instructions, seeks leave to delete Respondents No.4

and 5. In Writ Petition No.4560 of 2019, learned Counsel for

Petitioners, on instructions, seeks leave to delete Respondents No.5

and 6. In Writ Petition No.4561 of 2019, learned Counsel for

Petitioners, on instructions, seeks leave to delete Respondents No.5

to 8. In Writ Petition No.4559 of 2019, learned Counsel for

Petitioners, on instructions, seeks leave to delete Respondents No.5

and 6. In Writ Petition No.2526 of 2020, learned Counsel for

Petitioners, on instructions, seeks leave to delete Respondents No.5

and 6. In Writ Petition No.2525 of 2021, learned Counsel for

Petitioners, on instructions, seeks leave to delete Respondents No.5

and 6. The learned Counsel for the remaining Respondents in the

above Petitions has no objection. Leave is granted. Amendments to

be carried out forthwith. Reverifcation is dispensed with.

3. Rule. With the consent of the counsel for the parties, rule

is made returnable forthwith and heard fnally.

Mugdha 3 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

4. By these Petitions, Petitioners are praying for directions

of this Court to the Respondents to consider the services and grant

approval to the post of Full Time Librarian as per Government

Resolution dated 28th June, 1994 for the periods mentioned in the

Table below from the academic year in which the strength of

students increased to 1000 or more and to make pay fiation,

pension and time-bound promotion/applicable Career Assurance

Scheme by considering the services in accordance with the Rules

and for a declaration that Petitioners are entitled for pensionary

benefts under the Old Pension Scheme, viz., Maharashtra Civil

Services (Pension) Rules, 1982 ("MCPS Rules, 1982"),

Maharashtra Civil Services (Commutation of Pension) Rules, 1984

and the eiisting General Provident Fund Scheme (GPF) and not the

Defned Contributory Pension Scheme (DCP Scheme) issued by the

Government Resolution dated 31st October, 2005.

                                       TABLE

SR.    WP NO. & NAME OF THE    PART TIME        FULL TIME               YEAR OF
NO.        PETITIONER         APPOINTMENT      APPOINTMENT             STUDENTS
                                  DATE            DATE                INCREASING
                                                                      MORE THAN


1 WP No. 2527 of 2020          31/12/1998      01/04/2006             2000-2001
      Kiran Raosaheb Patil

      Mugdha                                                           4 of 11

Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

2 WP No. 4560 of 2019 01/12/1997 01/04/2006 1997-1998 Pushpa M. Sanap

3 WP No. 4561 of 2019 28/11/1994 01/04/2006 1996-1997 Nitin Narayan Gaikwad

4 WP No.4559 of 2019 08/06/2001 01/04/2006 2001-2002 Shubhangi D. Pawar-

  Dabade

5 WP No. 2526 of 2020        01/07/1994       01/04/2006             1994-1995
  Pushpa       Pandurang
  Khaire

6 WP No. 2525 of 2020        16/01/1995       13/03/2007             1996-1997
  Bharati Malleshkumar
  Kadade

5. We also record that Respondents have fled their

affdavit in reply and Petitioners have also fled their rejoinder in

these matters.

6. In all these Petitions, though various reliefs have been

sought, the short controversy involved in the above Petitions is

whether the Petitioners are entitled for notional compensation of

their salary, time-bound promotion/career assurance scheme

benefts and pensionary benefts from the year when the strength of

Mugdha 5 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

the students in the schools, in which they have been working,

eiceeded 1000.

7. The facts as set out in the Table above disclose that

Petitioners were appointed as Part Time Librarians in the

respective schools. The Table anneied in the Eihibits to the

respective Petitions and as indicated in the above Table/Chart

indicates the academic year from which the strength of the students

increased above 1000 and to the year the same continued

thereafter. It is not in dispute that the Education Offcer has

approved the appointments of these Petitioners as Part Time

Librarians in terms of Government Resolution dated 28 th June,

1994. In accordance with the said Government Resolution, the post

of Part Time Librarian can be upgraded as a Full Time Librarian, if

the school satisfes the criteria, i.e., if total strength of the students

becomes 1000 or more. The fact that the said criteria has been

satisfed in these Petitions is not in dispute.

8. The bone of contention is the date from which the

benefts, which Part Time Librarians, who have been made Full

Time Librarians, pursuant to Government Resolution dated 3 rd

Mugdha 6 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

August, 2006. The Respondents have approved the benefts of Full

Time Librarians to the Petitioners with effect from 1 st April, 2006 in

respect of Part Time Librarian posts sanctioned prior to 1st

November, 2005, whereas Petitioners are seeking the same from the

respective academic years from which the strength of students in

the respective schools became 1000 or more in accordance with the

Government Resolution dated 28th June, 1994.

9. Also with respect to the time-bound promotion/Career

Assurance Scheme, this Court by order dated 4th October, 2018 in

Writ Petition No.334 of 2018 in the case of Shri Suresh Bhanudas

Shinde and Anr. Vs. State of Maharashtra and connected Writ

Petitions has held that in view of a number of decisions passed by

this Court in similar matters that the second beneft after 24 years

of service be granted to all non-teaching staff, who are similarly

situated as Petitioners, viz., who have been given the frst beneft,

i.e., the beneft after putting in 12 years of service. However, with

respect to the time-bound promotional scheme to non-teaching staff

on completion of 24 years of regular service, we note that by order

dated 10th February, 2021 in Review Petition (St) No.3452 of 2019

in Writ Petition No.5629 of 2018 and connected Petitions, this Court

Mugdha 7 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

after prima facie accepting the submissions made by the learned

Advocate General that the said judgments were in respect of one

time beneft of Time Bound Promotion Scheme after completion of

12 years in service not having application with respect to the

employees, who were claiming second beneft on completion of 24

years, stayed the orders in Review. Learned counsel for Petitioners

therefore, on instructions, submits that with respect to the prayers

pertaining to the time-bound promotional scheme in these Petitions,

he is limiting the Petitioners' claim in these Petitions only to the

frst beneft after completion of 12 years of service.

10. We have today by our judgment dated 27 th October, 2021

in Writ Petition (St) No.57 of 2020 dealt with similar issues, after

considering the various Government Resolutions and the decisions

of this Court. Since the facts in these Petitions as well as in Writ

Petition (St) No.57 of 2020 are similar, we deem it appropriate to

follow the same course of action in these matters, as well.

11. In this view of the matter, applying the well settled

principles and for the reasons contained in Writ Petition (St) No.57

Mugdha 8 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

of 2020, we issue the following directions to be acted upon in line

with the above discussion :-

(i) The concerned Respondents are directed to grant

notional pay fiation, time-bound promotion and

other retirement and pensionary benefts to the

Petitioner upon considering full time appointment

on the post of Librarian from the date of her initial

appointment, as per the Table above, having

regard to the fact that the strength of the students

on such date was 1000 or more.

(ii) The concerned Respondents are directed to

consider Petitioners' services and grant approval

to Petitioners to the post of Full Time Librarians

with effect from the academic years and during

which the student strength was increased to 1000

or more as per the Government Resolution dated

28th June, 1994 as contained in the Table above

and to make pay fiation, pension, and time bound

promotion by considering the said Government

Resolution dated as 28th June, 1994.

Mugdha 9 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

(iii) The concerned Respondent(s) is/are also directed

to allot the provident fund account to Petitioners

in the post of "Librarian" and deduct the

contribution of Petitioners as per the Old Pension

Scheme.

(iv) In respect of Petitioners, who have retired from

the respective educational institutions, the

management of the concerned educational

institutions is/are directed to submit the pension

papers of such Petitioners within a period of four

weeks from the date of communication of this

order and the concerned Respondents are directed

to consider the proposal in accordance with the

MCPS Rules, 1982, the Maharashtra Civil Services

(Commutation of Pension) Rules, 1984 and the

eiisting General Provident Fund Scheme (GPF)

and not in accordance with the Defned

Contributory Pension Scheme (DCPS) and the

concerned Respondent(s) is/are directed to

release/credit the arrears of salary/retiral/

pensionary benefts in favour of Petitioners within

Mugdha 10 of 11 Order-WP 2527-20, WP 4560-20, WP 4561-20, WP 4559-19, WP 2526-20, WP 2525-20.odt

four weeks thereafter.

(v) The Head Master(s)/managements of the

respective schools are directed to send Petitioners'

proposal(s) to the concerned Respondent(s) for

eitending the benefts of the "Time Bound/Career

Assurance Scheme" for frst beneft on completion

of 12 years within two weeks of the

communication of this order and the concerned

Respondent(s) to consider the same within a

further period of two weeks.

(vi) Rule is made absolute in the above terms. Petition

is accordingly allowed. There shall be no order as

to costs.

(vii) Parties to act on the authenticated copy of this

order.

(ABHAY AHUJA, J.)                                   (R. D. DHANUKA, J.)




Mugdha                                                                11 of 11