Bombay High Court
Gijau Seva Pratisthan Veiragad Through ... vs The State Of Maharashtra And Others on 27 June, 2016
Author: S.S. Shinde
Bench: S.S. Shinde
3671.16WP+
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3671 OF 2016
Shivshakti Shikshan Prasarak Mandal
Dharur, through its Secretary
Shri. Yeshvant U. Gayke
Age: 40 years, Occu: Agri.
R/o. At Post Dharur (K)
Tq. Dharur, District Beed.
i) Shivshakti Shikshan Prasarak Mandal's
Dattatrya Balasadhan (Balgraha),
(Kasba Vibhag), Dharur,
Tq. Dharur, Dist. Beed. PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal Secretary
Women and Child Development
Mantralaya, Mumbai - 32.
2. The Principal Secretary,
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
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Development Officer, Beed,
Tq. & Dist. Beed. RESPONDENTS
WITH
WRIT PETITION NO.6461 OF 2016
Gijau Seva Prathisthan Veiragad,
Tq. Ahmedpur, District: Latur,
Through its Joint Secretary,
Shri. Manohar s/o. Bhaurao Bhadade,
Aged: 60 Years, Occ. Agri.
R/o. Vairagad, Tq.Ahmedpur,
Dist. Latur. PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
Development Officer, Hingoli,
Tq. and Dist. Hingoli.
6. The Additional Chief Secretary,
Planning Department,
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Maharashtra State, Mantralya
Mumbai - 32. RESPONDENTS
WITH
WRIT PETITION NO.6464 OF 2016
Jay Jagdamba Shikshan Prasarak Mandal,
Nirala Tanda, Tq. Kinwat, Dist. Nanded,
Through its Secretary,
Shri. Santosh s/o. Vasram Rathod,
Aged: 36 Years, Occ. : Agri.
R/o. Nirala Tanda, Tq.Kinwat,
Dist. Nanded. PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
Development Officer, Nanded,
Tq. and Dist. Nanded.
6. The Additional Chief Secretary,
Planning Department,
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Maharashtra State, Mantralya
Mumbai - 32. RESPONDENTS
WITH
WRIT PETITION NO.6468 OF 2016
Kai. Wamanrao Bordikar Seva Sanstha
Jintur, Tq. Jintur, District Parbhani
Through its Secretary,
Smt. Meenatai Ramprasad Kadam (Bordikar),
Age: 63 Years, Occu. Agri.
R/o. Jintur, Tq.Jintur, Dist.Parbhani
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
5. The District Women and Child
Development Officer, Parbhani,
Tq. and Dist. Parbhani.
6. The Additional Chief Secretary,
Planning Department,
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Maharashtra State, Mantralya
Mumbai - 32. RESPONDENTS
WITH
WRIT PETITION NO.6746 OF 2016
Dnyangangotri Education Society Udgir
Tq. Udgir, Dist. Latur
Through its Secretary,
Baburao s/o. Namdeorao Kadam,
Aged: 62 Years, Occ. : Secretary
R/o. Noor Patel Colony, Udgir,
Tq. Udgir, Dist. Latur.
Being runs: Dr.Ambedkar Dnayansadna
Balakashram, Udgir,
Tq.Udgir, Dist.Latur.
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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WITH
WRIT PETITION NO.6747 OF 2016
Dnyangangotri Education Society Udgir
Tq. Udgir, Dist. Latur
Through its Secretary,
Baburao s/o. Namdeorao Kadam,
Aged: 62 Years, Occ. : Secretary
R/o. Noor Patel Colony, Udgir,
Tq. Udgir, Dist. Latur.
Being runs: Nalanda Balakashram, Udgir,
Tq.Udgir, Dist.Latur.
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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WITH
WRIT PETITION NO.6748 OF 2016
Dnyangangotri Education Society Udgir
Tq. Udgir, Dist. Latur
Through its Secretary,
Baburao s/o. Namdeorao Kadam,
Aged: 62 Years, Occ. : Secretary
R/o. Noor Patel Colony, Udgir,
Tq. Udgir, Dist. Latur.
Being runs: Dnyangangotri Education Society
Udgir Sanchlit Balgruha, Udgir
ig
Tq.Udgir, Dist.Latur.
PETITIONER
VERSUS
1. The State of Maharashtra,
Through Principal its Secretary
to the Government of Maharashtra in
Women & Child Development Department,
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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WITH
WRIT PETITION NO.6749 OF 2016
1. Vijay Shikshan Prasarak Mandal Nanded,
Through its President,
Sunil s/o Rupsingh Pawar, Age 49 years,
Occu. Social Work, R/o. Ram Naik Tanda
Tq. Kandhar, Dist. Nanded
2. Kai. Thawara Naik Seva Samitee Naik Nagar
Nanded, Through its President, Anil
Bhojaram Rathod, Age 48 Years,
Occu. Social Work,
R/o. Prothi Tanda, Tq.Kinwat,
Dist. Nanded. PETITIONERS
VERSUS
1. The State of Maharashtra,
Through : Principal Secretary
to the Government of Maharashtra in
Women & Child Development Department,
M.S., Mantralaya, Mumbai - 32.
2. The Principal Secretary to the
Government of Maharashtra in
Finance Department,
Maharashtra State,
Mantralaya, Mumbai-32.
3. The Commissioner,
Women and Child Development
Maharashtra State, Pune
4. The Divisional Deputy Commissioner,
Women and Child Development
Aurangabad Division, Aurangabad.
RESPONDENTS
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...
Mr.S.S.Mundhe, Mr.N.P.Patil Jamalpurkar,
Mr.Bapusaheb B. Dahiphale (Patil), Mr.Suhas
P.Urgunde and Mr.Farooqui Kamaluddin N.,
Advocates for the petitioners in respective
Writ Petitions.
Mr.S.B.Yawalkar, AGP for Respondent-State in
all Writ Petitions.
...
CORAM : S.S. SHINDE & SANGITRAO S. PATIL, JJ.
Dated: JUNE 27, 2016
ig ...
ORAL JUDGMENT ( S.S. SHINDE, J)
Not on board. Taken on board.
2. The learned counsel appearing for the respective petitioners in the respective Petitions undertake to deposit the deficit court fees, if any, within three weeks from today.
3. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.
4. Heard the learned counsel appearing for the respective petitioners. It is submitted by them that the concerned ::: Uploaded on - 11/07/2016 ::: Downloaded on - 30/07/2016 07:20:00 ::: 3671.16WP+ 10 Respondent Authorities have made assessment of the expenditure incurred by them in respect of the years concerned and after assessment, the orders have been issued indicating the amount therein, for which the petitioners are entitled as per the Government policy. The petitioners have placed on record copies of the assessment orders signed by the respondent authorities concerned. It is submitted that though there is assessment from the year 2011 onwards, as a matter of fact, the amount for which the petitioners are entitled, has not been disbursed in favour of the petitioners. It is submitted that the concerned Department has disbursed the amount to various similarly situated institutions, relying upon the assessment orders. Therefore, the learned counsel appearing for the petitioners jointly submit that the Respondents may be directed to disburse the amounts, due and payable as per the Assessment Orders, which are placed on record with the Writ Petitions, after verifying the original record maintained by the office of the concerned respondents.
5. On the other hand the learned A.G.P. appearing for the Respondent/State submits ::: Uploaded on - 11/07/2016 ::: Downloaded on - 30/07/2016 07:20:00 ::: 3671.16WP+ 11 that the Departments of Planning and Finance have not approved the proposals forwarded by the concerned Department i.e. the Department of Woman and Child Development, for sanction and disbursement of the amount, and the said Departments have raised certain queries. He prays that the hearing of these Petitions may be deferred and six weeks time may be given to the Respondent/State, so as to carry out reassessment and also ask the concerned department to cure the deficiencies/ clear the doubts pointed out by the Planning and Finance Departments.
6. We have heard the learned counsel appearing for the petitioners and learned A.G.P. appearing for the Respondent- State. With their able assistance, we have perused the pleadings in the Petitions and annexures thereto.
7. It is not in dispute that the concerned Department by making budgetary provision after issuing Government Resolution has disbursed substantial amount in favour of some of the institutions similarly situated like the petitioners. It, prima facie, appears that there is some difference of ::: Uploaded on - 11/07/2016 ::: Downloaded on - 30/07/2016 07:20:00 ::: 3671.16WP+ 12 opinion between the concerned Department i.e. Department of Woman and Child Development on one hand and the Departments of Planning and Finance on the other about disbursement of the amounts claimed. It is an internal matter of the State Government and all the concerned in the process will have to resolve the same at their level. Therefore, we are of the opinion that the ends of justice would be met in case the Chief Secretary, Government of Maharashtra is directed to look into the subject matter of these Writ Petitions and direct the concerned departments to ensure the disbursement of amounts as per the entitlement of the petitioners, after verifying the original record maintained by the concerned Respondent Authorities, who have issued the assessment orders in favour of the petitioners and also similarly situated institutions throughout the State, and if necessary, also by verifying the record maintained by the petitioners
-institutions, as expeditiously as possible, and preferably within 10 weeks from today, and those institutions who are found eligible as per government policy then prevailing, the amounts should be disbursed to them within two weeks thereafter. However, the entire ::: Uploaded on - 11/07/2016 ::: Downloaded on - 30/07/2016 07:20:00 ::: 3671.16WP+ 13 exercise should be done within 12 weeks from today. We make it clear that the Heads of the Departments of Woman and Child Development, Planning and Finance Department and the Chief Secretary, Government of Maharashtra would be jointly responsible for implementation of the directions issued hereinabove.
8. With the above observations/ directions, all the Writ Petitions stand disposed of.
9. Rule is made absolute in the above terms.
10. The parties shall act upon authenticated copy of this order.
11. Pending Civil Applications, if any, stand disposed of.
Sd/- Sd/-
(SANGITRAO S. PATIL, J.) (S.S. SHINDE, J.)
SGA
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