Citation : 2025 Latest Caselaw 768 Bom
Judgement Date : 23 July, 2025
2025:BHC-AS:31924
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(65) CONTEMPT PETITION NO.334 OF 2025
IN
WRIT PETITION NO.2167 OF 2022
Smt.Nirmala Bharatrao Pawar .. Petitioner
Versus
Shri Sachin Jagtap
Education officer (Secondary),
Zilla Parishad, Solapur .. Respondent
WITH
(66) CONTEMPT PETITION NO.335 OF 2025
IN
WRIT PETITION NO.2125 OF 2022
Sanjay Yaswant Dudhal .. Petitioner
Versus
Shri Sachin Jagtap
Education officer (Secondary),
Zilla Parishad, Solapur .. Respondent
WITH
(67) CONTEMPT PETITION NO.336 OF 2025
IN
WRIT PETITION NO.4283 OF 2022
Navnath Laxman Gaikwad .. Petitioner
Versus
Shri Sachin Jagtap
Education officer (Secondary),
Zilla Parishad, Solapur .. Respondent
WITH
(68) CONTEMPT PETITION NO.337 OF 2025
IN
WRIT PETITION NO.5964 OF 2022
Digitally
signed by
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER Rajeshri Aher
AHER Date:
2025.07.30
11:07:21
+0530
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Vilas Prabhakar Bhosale .. Petitioner
Versus
Shri Sachin Jagtap
Education officer (Secondary),
Zilla Parishad, Solapur .. Respondent
WITH
(69) CONTEMPT PETITION NO.338 OF 2025
IN
WRIT PETITION NO.2130 OF 2022
Ramesh s/o. Pundalik Sonkar .. Petitioner
Versus
Shri Sachin Jagtap .. Respondent
WITH
(70) CONTEMPT PETITION NO.339 OF 2025
IN
WRIT PETITION NO.2122 OF 2022
Rajendra Narhari Ghadage .. Petitioner
Versus
Shri Sachin Jagtap
Education officer (Secondary),
Zilla Parishad, Solapur .. Respondent
WITH
(71) CONTEMPT PETITION NO.340 OF 2025
IN
WRIT PETITION NO.2127 OF 2022
Ajinath S/o. Narayan Shinde .. Petitioner
Versus
Sachin Jagtap .. Respondent
WITH
(72) CONTEMPT PETITION NO.341 OF 2025
IN
WRIT PETITION NO.5967 OF 2022
Rajeshri Aher
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Smt.Ujawala Shridhar Bhosale .. Petitioner
Versus
Smt.Sunanda Thube Wakhare,
Deputy Director of Education,
Pune Region, Pune. .. Respondent
WITH
(73) CONTEMPT PETITION NO.381 OF 2025
IN
WRIT PETITION NO.2128 OF 2022
Pradip Babanrao Borawake .. Petitioner
Versus
Shri Sachin Jagtap
Education officer (Secondary),
Zilla Parishad, Solapur. .. Respondent
WITH
(74) CONTEMPT PETITION NO.382 OF 2025
IN
WRIT PETITION NO.2149 OF 2022
Kashinath Siddanna Chalge .. Petitioner
Versus
Sachin Jagtap .. Respondent
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Mr.Arvind Ambedkar (Through VC) a/w. Mr.Sandeep Gupta and
Mr.Vivek Chauhan, Advocate for the Petitioner in all the petitions.
Mr.P.P. Kakade, Addl. G.P. with Mr.V.M. Mali, AGP for the respondent-
State in the Contempt Petition No.334 of 2025.
Mr.P.P. Kakade, Addl. G.P. with Mr.S.B. Kalel, AGP for the respondent-
State in the Contempt Petition Nos.335 and 340 of 2025.
Mr.P.P. Kakade, Addl. G.P. with Mr.S.H. Kankal, AGP for the
respondent-State in the Contempt Petition Nos.336 and 341 of
2025.
Mr.P.P. Kakade, Addl. G.P. with Mrs.P.B. Diwan for the respondent-
State in the Contempt Petition Nos.337 and 381 of 2025.
Rajeshri Aher
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Mr.P.P. Kakade, Addl. G.P. with Mrs.P.B. Chavan, AGP for the
respondent-State in the Contempt Petition Nos.338 and 382 of
2025.
Mr.P.P. Kakade, Addl. G.P. with Mr.A.K. Naik, AGP for the respondent-
State in the Contempt Petition No.334 of 2025.
----------
CORAM: SHREE CHANDRASHEKHAR &
MANJUSHA DESHPANDE, JJ.
DATED : 23rd JULY 2025.
P.C.:
Alleging intentional and willful violation of the common order dated 11th April 2022 passed by this Court in the Writ Petition No.8990 of 2021 alongwith connected matters "Smt.Manasi Sudhir Mane @ Aruna Yashwant Patil Vs. The State of Maharashtra and Ors. with connected matters" (Coram Sunil B. Shukre and G.A. Sanap, JJ.), some of the writ petitioners have filed the contempt petitions for initiating proceedings under the Contempt of Courts Act, 1971, against the respondent-the Education officer (Secondary) and the Deputy Director.
2. By the order dated 11th April 2022 passed in the Writ Petition No.8990 of 2021 alongwith connected matters, the writ petition came to be disposed of with the following directions:
"11 Respondent No.3 or Deputy Director of Respondent No.4, as the case may be, are directed to decide case of each of the Petitioners regarding applicability of the old pension scheme as per Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Computation of Pensions) Rules-1984 and General Provident Fund Scheme by keeping in view law laid down by this Court in its various judgments including the judgments referred to in the body of the judgment.
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12 If it is so found by Respondent No.3 or Deputy Director of Respondent No.4, as the case may be, that the Petitioners are governed by old pension scheme, the Respondent No.3 or Respondent No.4, as the case may be, shall issue necessary directions to not deduct any amount from the salary payable to the Petitioners governed by the old pension scheme for the purpose of its applying to the DCPS or NPS, and shall also issue necessary directions for refunding of theses amounts to those petitioners from whose salary, same are deducted, within four weeks of the date on which such determination is made.
13 In case it is found that the Petitioners are governed by the old pension scheme necessary directions shall be issued by Respondent No.3 or Deputy Director of Respondent No.4, as the case may be, to open GPF accounts in the names of the Petitioners found eligible for same, within four weeks of the date on which their eligibility is determined.
14 Each of the Petitioners to appear before the Respondent No.3 or Deputy Director of Respondent No.4, as the case may be, on 18th April, 2022."
3. In course of hearing of these contempt petitions certain objections have been raised by Mr.P.P. Kakade, the learned Addl.G.P. for the respondent-State. However, we are inclined to dispose of these contempt petitions reiterating the direction passed by the writ Court.
4. The respondent-Education Officer (Secondary) is directed to take a decision as per this Court's order dated 11 th April 2024, within next six weeks, provided the petitioners submit their proposals in the prescribed format, if not already done, within the next two weeks as directed by this Court by the order dated 11 th April 2024 under paragraph no.11.
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5. Thereafter the decision has to be taken as regards entitlement of the petitioners under the old pension scheme as per the Maharashtra Civil Services (Pension) Rules, 1982.
6. With the aforesaid directions, the proceedings in the contempt cases against the respondents are closed for the time being.
7. Contempt Petition Nos.334, 335, 336, 337,338, 339, 340, 341, 381 and 382 of 2025 are disposed of.
[MANJUSHA DESHPANDE, J.] [SHREE CHANDRASHEKHAR, J.]
Rajeshri Aher
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