Bombay High Court
Kiran Raosaheb Patil vs The State Of Maharashtra Through ... on 27 October, 2021
Author: Abhay Ahuja
Bench: R.D. Dhanuka, Abhay Ahuja
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
1000
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