Bombay High Court
Rajendra Bhimaji Thorat And Others vs The State Of Maharashtra And Others on 9 March, 2020
Author: Shrikant D. Kulkarni
Bench: S.V. Gangapurwala, Shrikant D. Kulkarni
1 103-WP-6231-2019 & Ors
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6231 OF 2019
Rajendra Bhimaji Thorat and Ors. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
Mr V.H. Dighe, Advocate holding for
Mr S.T. Shelke, Advocate for Petitioners
Mrs M.A. Deshpande, Addl. G.P. for Respondent Nos. 1 and 2
Mr S.S. Wagh, Advocate for Respondent No. 3
WITH
WRIT PETITION NO. 9032 OF 2019
Asha Ravindra Jagtap and Anr. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
Mr V.H. Dighe, Advocate holding for
Mr S.T. Shelke, Advocate for Petitioners
Mrs M.A. Deshpande, Addl. G.P. for Respondent Nos. 1 and 2
Mr S.S. Wagh, Advocate for Respondent No. 3
AND
WRIT PETITION NO. 4328 OF 2019
Iqra Education Society,
Through its President and Ors. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
Mr S.S. Kazi, Advocate for Petitioners
Smt R.P. Gour, A.G.P. for Respondent Nos. 1 and 2
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2 103-WP-6231-2019 & Ors
AND
WRIT PETITION NO. 6816 OF 2019
Smt. Sangita Sanjay More ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
Mr A.D. Pawar, Advocate for Petitioner
Mr K.N. Lokhande, A.G.P. for Respondent Nos. 1 and 2
AND
WRIT PETITION NO. 7147 OF 2019
Prasanna Narrendra Patil ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
Mr J.M. Wagh, Advocate for Petitioner
Mrs M.A. Deshpande, Addl.G.P. for Respondent Nos. 1 and 2
AND
WRIT PETITION NO. 9919 OF 2019
Trambak Nivrutti Parad ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
Mr P.S. Pawar, Advocate for Petitioner
Mrs M.A. Deshpande, Addl.G.P. for Respondent Nos. 1 and 2
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3 103-WP-6231-2019 & Ors
AND
WRIT PETITION NO. 14485 OF 2019
Shaikh Mohammad Rizwan
Mohammad Yusuf ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
Mr S.R. Barlinge, Advocate for Petitioner
Smt V.S. Chaudhary, A.G.P. for Respondent No. 1
AND
WRIT PETITION NO. 15177 OF 2019
Smt Varsha Deepak Desale ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
Mr A.D. Pawar, Advocate for Petitioner
Mr K.N. Lokhande, AGP for Respondent Nos. 1 and 2
AND
WRIT PETITION NO. 15238 OF 2019
Prabhakar Keshav Rathod ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
Mr G.L. Awale, Advocate for Petitioner
Mrs M.A. Deshpande, Addl.G.P. for Respondent Nos. 1 and 2
CORAM : S.V. GANGAPURWALA
AND
SHRIKANT D. KULKARNI, JJ.
DATE : 9th MARCH, 2020
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4 103-WP-6231-2019 & Ors
PER COURT :
1. On 31st January, 2020, we had passed following order :
1. The petitioners are assailing the orders rejecting the approval to their appointments as Class IV employees. One of the ground for rejection of proposals for approval to their appointments is that staffing pattern of Class IV post has not been finalised.
2. It has come to our light that large number of matters are pending and the employees are deprived of the orders of approval vis-a-vis the payment of their salary only on the ground that the staffing pattern has not been finalised by the State Government as yet.
3. Today, the learned Additional Government Pleader submits that the staffing pattern for Class IV post has been considered by the State Government. Even the High Power Committee has given sanction to the staffing pattern suggested. Only the approval of the Cabinet has remained.
4. We had earlier on 22.07.2019 in Writ Petition No. 6373 of 2018 with connected writ petition passed a detailed order. We had observed as under-
"The State is required to take the issue seriously. The question is not about one or two persons, but large number of persons who are appointed as peon/Class IV employees. The Government is required to look into the matter with all seriousness. It was expected on the part ::: Uploaded on - 16/03/2020 ::: Downloaded on - 08/06/2020 11:28:31 :::
5 103-WP-6231-2019 & Ors of the Government to have taken the decision by now. Said issue is lingering for years together."
5. On 02.12.2019, again we directed the learned A.G.P. to communicate the order to the Principal Secretary. We observed that the respondents are not serious in confirming the staffing pattern of Class IV employees of the grant in aid / partially grant in aid schools.
6. It is suggested in the communication dated 29.01.2020 that the High Power Committee has also sanctioned the staffing pattern suggested and is now to be placed before the Cabinet for its approval.
7. The staffing pattern for Class III post was finalised and Government Resolution to that effect was issued on 28.01.2019. In the said Government Resolution it was clarified that staffing pattern for Class IV post would be finalised and separate order to that effect would be issued. More than a year has lapsed. The Government Resolution has not been issued prescribing the staffing pattern for Class IV employees.
8. It is high time, the Government takes the issue on priority basis. The hundreds of Class IV employees are without salary on account of non grant of approval. Either the proposals for grant of approval to their appointments on Class IV post are rejected on the ground that staffing pattern is not sanctioned or the same are pending with the Education Officer. They cannot be expected to wait in perpetuity for grant of approval and payment of salary. The Government shall consider that it would be difficult for these employees to survive without salary for years together. The ::: Uploaded on - 16/03/2020 ::: Downloaded on - 08/06/2020 11:28:31 ::: 6 103-WP-6231-2019 & Ors Government is required to be serious in taking up these issue and finalise the staffing pattern on priority basis.
9. We expect the decision on the part of the Government by the next date.
10. Place the matters on 09.03.2020.
2. For more than six months, we are passing the orders, expecting the Government to finalize the staffing pattern of Class-IV posts. Under our last order, we expected the Government to take decision by 9th March, 2020. Today also, the scenario has not changed. The learned Assistant Government Pleader has placed on record the letter received by her stating that as the budget session is on, the proposal has not yet been approved by the Government. The High Power Committee has given sanction to the staffing pattern suggested. Hundreds of Class-IV employees are without salary and their proposals are not considered for approval on the ground that staffing pattern of Class-IV posts are not sanctioned. There is total apathy on the part of the Government in taking decision. The Class-IV employees are without salary for more than a year as decision is not taken on the ground that the staffing pattern is not sanctioned. These persons should be on the verge of facing starvation.
Still, the Government does not appear to be serious in resolving the stalemate. It is not a question of individual but the whole class of Class-IV employees working with the aided and unaided schools throughout the State.
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3. Considering the reason given, we refrain from taking any action today. The State shall take up the issue seriously on priority basis and shall take decision about the sanction of Class-IV post viz. (subject matter of Class-IV employees) with these schools throughout the State within six weeks.
4. Place the matter on 20.04.2020.
[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta ::: Uploaded on - 16/03/2020 ::: Downloaded on - 08/06/2020 11:28:31 :::