Bombay High Court
Shri Balasaheb P.Bokmal vs Hindi Sahitya Samellan Alahabad And Ors on 2 November, 2018
Bench: A.S.Oka, A.K.Menon
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2141 OF 1990
Balasaheb Pundalik Bokmal. ... Petitioner.
V/s.
Hindi Sahitya Samellan and others. ... Respondents.
None for the petitioner.
Mr.A.B.Vagyani, GP with Mr.P.P.More, AGP for respondent Nos.3 and 6.
CORAM : A.S.OKA AND A.K.MENON, JJ.
DATE : 2nd November 2018. P.C.:
Perusal of the Farad Sheet of the writ petition shows that various orders were passed by this Court starting from 11 th August 2017 dealing with the issues of infrastructure in the office of the Government Pleader, High Court, Appellate Side (Writ Cell). We have perused the order dated 6th April 2018 passed by the Hon'ble the Acting Chief Justice. Under the said order, this petition has been specifically assigned to this Bench.
2. Today, the learned Government Pleader (GP) tendered across the bar a compilation of documents starting from his letter dated 25 th October 2018 addressed to the Chief Secretary of the State and other Government Functionaries. Various grievances are made as indicated in the said letter.
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3. We briefly state the grievances which are supported by the documents. 36 posts of class-III and class-IV employees including three posts of stenographers have been filled in by the said office of Government Pleader through outsourcing. It is stated that funds have not been released to the office of the Government Pleader for the payment of salary to the said 36 employees from June 2018. It is pointed out that M/s.Krystal Integrated Services Pvt.Ltd. is the agency which has supplied these 36 employees to the Government Pleader's office. The said company has addressed a letter dated 25th September 2018 to the GP stating that salary bills from June 2018 to September 2018 have not been cleared. It is mentioned that if salaries are not paid, the possibility of employees stopping working cannot be ruled out. It is mentioned that if the outstanding amount is not paid within seven days, the said Company will not render service to the GP's office and, therefore, there is every possibility of damage being caused to the image of the GP's office. The second grievance made is that the budgetary grant to the said office has been considerably reduced as compared to the earlier years. The third grievance is that the Department of Posts has raised a demand of Rs.5,17,576/- being outstanding amount for the services rendered by the Department of Post to the office of GP from September 2017 to September 2018. From the compilation, it is pointed that apart from reminders issued by the Department of Post to the GP office, the Department of Post has threatened to stop their services. The apprehension expressed is that Postal Department may stop providing services on credit basis. Apart from these these grievances, there are other issues which are raised.
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4. It cannot be disputed that the Government of Maharashtra is one of major litigants before this Court. Therefore, it needs efficient functioning of the office of the GP. If the amounts are not paid for the salaries of class-III and class-IV employees for several months, apart from causing a great prejudice to the employees, it will affect the efficiency of the office of the GP, especially in the light of what is stated in the letter dated 28th October 2018 addressed by the Contractor to the GP. We, therefore, direct the State Government to forthwith release the requisite amount for payment of salaries to class-III and class-IV employees who are engaged on contract basis. We also direct that so long as the GP office is required to engage employees on contract basis, the State Government shall continue to pay their salary regularly and punctually.
5. It is necessary for the State to ensure that the amount payable to the Department of Post is released forthwith. We find from the documents that the Department of Post has levied penalty apart from regular charges. Number of bills on record show that the penalty has been levied by the Department of Post. Therefore, immediate arrangement shall be made for release of the amount to the office of GP for payment of outstanding bills of the Department of Post including penalty amount. The State Government shall ensure that funds are placed for the disposal of the office of GP so that such default do not occur.
6. The learned GP pointed out that for no fault on the part of the office of GP, it is unable to employ regular employees. The State ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:36:05 ::: SKN 4/4 2141.90-wp.doc Government is extending permission to employ staff on contract basis only for a period of limited duration of three months. The said period will expire on 15th November 2018. It is obvious that the State Government will have to extend the said period not merely for three months but for a longer period.
7. As regards substantial reduction of grant, an appropriate officer of the Law and Judiciary Department of the State Government will file an affidavit. While filing affidavit, compliance with the directions issued as above shall be reported.
8. For reporting compliance, the petition shall be listed on 29 th November 2018 at 2.40 p.m. in Chamber. The office of GP to forward copies of this order to the In-charge Principal Secretary, Law and Judiciary Department; Principal Secretary, Finance Department; and the Chief Secretary Secretary of the Government of Maharashtra.
(A.K.MENON, J.) (A.S.OKA, J.)
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