Bombay High Court
Shri Mahadeo Trimbak Kharsade vs Shri J. S. Sahariya, The Chief Secretary ... on 29 October, 2018
Author: Nitin W. Sambre
Bench: R. M. Savant, Nitin W. Sambre
501.cp.202.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 202 OF 2014
IN
WRIT PETITION NO. 7283 OF 2010
Shri Mahadeo Trimbak Kharsade ... Petitioner
Versus
Shri J. S. Sahariya & Ors. ... Respondents
WITH
CIVIL APPLICATION NO. 57 OF 2017
IN
CONTEMPT PETITION NO. 202 OF 2014
IN
WRIT PETITION NO. 7283 OF 2010
The State of Maharashtra & Ors. ... Applicants
Versus
Mahadeo Trimbak Kharsade ... Respondent
WITH
WRIT PETITION NO. 382 OF 2015
Smt. Asha Sudam Karnekar ... Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
Mr. N. V. Bandiwadekar for Petitioners.
Mr. A. B. Vagyani, Government Pleader a/w Mr. A. I. Patel, AGP for
Respondent - Union of India.
CORAM : R. M. SAVANT AND
NITIN W. SAMBRE, JJ.
DATE : 29th OCTOBER 2018. John Doe Digitally signed by John Doe Date: 2018.11.01 11:50:14 +0530 Yadav VG 1/3 501.cp.202.14.odt P.C. . Pursuant to the directions contained in the order dated 25 th
October 2018, the Additional Chief Secretary Ms. Vandana Krishna is personally present in Court. She has also filed an Affidavit bearing today's date.
2. In the said Affidavit it is stated that the High Power Committee which was constituted, was to formulate a policy decision which was to be placed before the State Government for its consideration. She has further stated that the State Government has accordingly passed a Resolution dated 23rd October 2013 by which the norms for sanctioning non-teaching staff have been fixed. She has further stated that the fact that the process of finalization of norms was going on and thereafter decision of the Petitioners would be taken, was inadvertently not brought to the notice of this Court on the earlier dates. However, she further goes on to state that case of the Petitioners would be placed before the High Power Committee.
3. From the said Affidavit we find that the case of the other non- teaching staff of the other Institutions have been dealt with on the basis of the said Government Resolution dated 23 rd October 2013 which encompasses the policy decision of the State Government. Hence, the Petitioners in the instant Petitions, in our view, cannot be treated Yadav VG 2/3
501.cp.202.14.odt differently though there is an order recording that the case of the Petitioners would be placed before the High Power Committee.
4. Upon this, the learned Government Pleader Mr. Vagyani states that the appropriate corrective measures would be taken by filing an application for modification of the order of which contempt is alleged, he therefore seeks withdrawal of the Affidavit filed by Ms. Vandana Krishna with liberty to file a proper Affidavit. We accordingly permit him to do so.
5. At present, we defer the hearing of the above Contempt Petition till 26th November 2018.
6. The presence of the Additional Chief Secretary is dispensed with.
(NITIN W. SAMBRE, J.) (R. M. SAVANT, J.)
Yadav VG 3/3