Bombay High Court
Head Master, Shardadevi Prashala ... vs Smt. Vandana Krusna, Secretary, ... on 25 September, 2018
Author: M.S. Karnik
Bench: R.M. Savant, M.S. Karnik
7.CPST 20967-18.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION ST NO. 20967 OF 2018
Head Master,
Kauthali Vidyalaya, Kauthali .. Petitioner
Vs.
State of Maharashtra & ors. .. Respondents
WITH
CONTEMPT PETITION ST NO. 20969 OF 2018
Head Master,
Adv. Diliprao Sopal Vidyalaya, Surdi .. Petitioner
Vs.
State of Maharashtra & ors. .. Respondents
WITH
CONTEMPT PETITION ST NO. 21113 OF 2018
Head Master,
Mungshi Vidyalay, Mungshi .. Petitioner
Vs.
State of Maharashtra & ors. .. Respondents
WITH
CONTEMPT PETITION ST NO. 21117 OF 2018
Head Master,
Sharadchandra Vidyalaya, Bavi .. Petitioner
Vs.
State of Maharashtra & ors. .. Respondents
WITH
CONTEMPT PETITION ST NO. 21129 OF 2018
Head Master,
Kasari Vidyalaya, Kasari .. Petitioner
Vs.
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7.CPST 20967-18.doc
State of Maharashtra & ors. .. Respondents
WITH
CONTEMPT PETITION ST NO. 22611 OF 2018
Head Master
Shardadevi Prashala Vairag .. Petitioner
Vs.
State of Maharashtra & ors. .. Respondents
............
Shri V.S. Deokar a/w. Mrs. Meenal S. Deshmukh for the
Petitioners.
Mrs. M.P. Thakur, AGP for State - Respondents.
............
CORAM : R.M. SAVANT, &
M.S. KARNIK, JJ.
DATE : 25th SEPTEMBER , 2018 P.C. :
The above group of Contempt Petitions exemplify a sorry state of affairs, inasmuch as though the directions have been issued to grant approval along with salary in respect of the post held by the Petitioners and though the then Additional Chief Secretary, Primary Education and Sports had remained present before a Division Bench of this Court on 8th October, 2013, the decision of the State Government has not seen in the light of the day. It is recorded in the order dated 8 th October, 2013 passed by the Division Bench of this Court (Coram : S.C. Dharmadhikari & G.S. Patel, JJ) that the High Powered 2/4 ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 01:26:21 :::
7.CPST 20967-18.doc Committee had met and also taken a decision and the files are now taken before the Chief Minister of the State for his signature and that thereafter they would be placed before the State Cabinet. It seems that the assurance was given to the Division Bench that at least by 28th October, 2013 the decision of the State would be communicated to the Court. Thereafter, the Contempt Petitions in which the said order dated 8th October, 2013 was passed, were disposed of.
2. The petitioners in view of the inaction on the part of the State Government were again constrained to file another group of Petitions being Writ Petition No.5999 of 2014 and companion matters. The said Petitions were also disposed of in the sanguine hope that the State Government would take a decision one way or the other. However, that has not been done and the Petitioners have once again approached this Court by the above group of Contempt Petitions that they have filed for non observation / non compliance of the orders passed in respect of the approval to the posts held by the Petitioners. 3/4 ::: Uploaded on - 27/09/2018 ::: Downloaded on - 28/09/2018 01:26:21 :::
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3. At the request of the Learned Additional Government Pleader we defer the hearing of the above Contempt Petitions to 9th October, 2018 so as to enable her to take instructions. If we find that the response of the State Government does not meet our expectations, we would then be constrained to direct the concerned Additional Chief Secretary to remain present in the Court on the date and time that would be stipulated. 4 All parties to act on a copy of this order duly authenticated.
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