Bombay High Court
Suryakant Dnyanoba Kamble And Others vs The State Of Maharashtra And Others on 14 March, 2019
Bench: Sunil P. Deshmukh, R.G. Avachat
1 WP - 11505-2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11505 OF 2015
SURYAKANT DNYANOBA KAMBLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. A.N. Nagargoje, Advocate for petitioners
Mr. A.S. Shinde, AGP for respondent-State
...
CORAM : SUNIL P. DESHMUKH &
R.G. AVACHAT, JJ.
DATE : 14-03-2019
ORDER :
1. Learned counsel for petitioners, relying upon decision dated 30-08-2018 of this court at principal seat in writ petition no. 8387 of 2013 and companion writ petitions, states that facts in present matter are similar to the ones involved in writ petition no. 8387 of 2013 and companion writ petitions, wherein as well the schools / colleges had been receiving partial grant-in-aid on the relevant date i.e. 01-11-2005. He submits that in said petitions, interim relief had been granted to petitioners and same had been continued while the matters had been referred to larger bench. He further refers to order dated 18-12-2018 passed in writ petition no. 1916 of 2014 and companion writ petitions. ::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 00:54:43 :::
2 WP - 11505-2015
2. There is no particular dispute on the factual position about petitioners been appointed on or before 30 th October, 2005 and that they are appointed in aided schools and and had been receiving partial grant-in-aid on relevant date. The petitioners apprehend that since there is no interim relief operating and it being given to understand that unless there is interim relief, their interest, as protected of petitioners in other writ petitions, would not be protected and application/continuance of old pension scheme in their cases would be difficult to be considered. It is being submitted, that would create and give rise to hassles for them if interim relief is not granted, while similarly situated other petitioners to whom interim reliefs are granted, would sail safely and hassle free.
3. We have also seen photocopy of order dated 14-12-2018 in writ petition no. 8442 of 2018 and companion writ petitions (Nagpur Bench), under which the respondents were directed to apply old pension scheme and accordingly open the accounts of petitioners and deduct monthly payment from their salary.
4. There is no dispute also on that the questions formulated under order dated 30-08-2018 in writ petition no. 8387 ::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 00:54:43 ::: 3 WP - 11505-2015 of 2013 and companion matters, have been referred to for decision by larger bench, by a division bench at principal seat and interim relief in the group of writ petitions has been directed to be continued.
5. In view of the same, we deem it appropriate that there shall be interim relief in terms of prayer clause (E) in this petition as well.
[R.G. AVACHAT] [SUNIL P. DESHMUKH]
JUDGE JUDGE
arp/
::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 00:54:43 :::