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Bombay High Court

Sarang Sudhakarrao Tathode, Wardha And ... vs Shri J.P. Gupta, Principal Secretary, ... on 13 December, 2021

Bench: A.S. Chandurkar, G. A. Sanap

                        1                          CPST8676-20@Connected CPs.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR
CONTEMPT PETITION ST. NO.8676/2020 IN WRIT PETITION NO.659/2016 (D)
(SARANG SUDHAKARRAO TATHODE & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
              SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 55/2020 IN WRIT PETITION NO. 835/2016 (D)
  (SATISH GANPATRAO YERKAR & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
                SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 52/2020 IN WRIT PETITION NO. 832/2016 (D)
(RAVINDRA DASHRATH GAWANDE & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
              SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 50/2020 IN WRIT PETITION NO. 826/2016 (D)
(SUNIL GODHAJI PAHURKAR & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY, SOCIAL
                   WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 49/2020 IN WRIT PETITION NO. 829/2016 (D)
  (SANGHMITRA DYANESHWARRAO BANSOD & OTHERS VERSUS J.P. GUPTA, PRINCIPAL
         SECRETARY, SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 54/2020 IN WRIT PETITION NO. 820/2016 (D)
(LAXMAN MADAN RATHOD & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY, SOCIAL
                 WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 56/2020 IN WRIT PETITION NO. 818/2016 (D)
(SHIVAJI BABANRAO SHELGAONKAR & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
                SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 53/2020 IN WRIT PETITION NO. 824/2016 (D)
    (DINESH DATTATRAYA SURYAWANSHI & OTHERS VERSUS J.P. GUPTA, PRINCIPAL
          SECRETARY, SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
  CONTEMPT PETITION NO. 51/2020 IN WRIT PETITION NO. 826/2016 (D)
  (VINOD KASHINATHJI DHOTE & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
               SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                     WITH
CONTEMPT PETITION ST. NO.8679/2020 IN WRIT PETITION NO.658/2016 (D)
 (BALU CHANDRABHAN GAIKWAD & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
               SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                              2                              CPST8676-20@Connected CPs.odt


                                           WITH
  CONTEMPT PETITION NO. 349/2019 IN WRIT PETITION NO. 821/2016 (D)
(SACHIN VILASRAO SURYAWANSHI & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
               SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                           WITH
 CONTEMPT PETITION NO. 351/2019 IN WRIT PETITION NO. 2191/2016 (D)
 (SHEIKH MOHSIN TAHER & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY, SOCIAL
                   WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                           WITH
  CONTEMPT PETITION NO. 348/2019 IN WRIT PETITION NO. 828/2016 (D)
 (SANTOSH JATOJI SHELKE & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY, SOCIAL
                    WELFARE DEPARTMENT, MUMBAI & OTHERS)
                                           WITH
  CONTEMPT PETITION NO. 350/2019 IN WRIT PETITION NO. 831/2016 (D)
 (KIRAN GOVINDRAO MUNESHWAR & OTHERS VERSUS J.P. GUPTA, PRINCIPAL SECRETARY,
                SOCIAL WELFARE DEPARTMENT, MUMBAI & OTHERS)

Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                 Court's or Judge's order
and Registrar's orders.
        Ms Sunita Kulkarni, Advocate with Shri S.D. Chande, counsel for the petitioners.
        Shri S.M. Uke, Additional G.P. for the R-State.

       CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ.

DATED : 13TH DECEMBER, 2021.

Leave granted to the learned Additional Government Pleader to place on record affidavits in each contempt petition.

In Writ Petition No.5991 of 2016 alongwith connected writ petitions, this Court had directed the State Government to pay 50% of salary to each petitioner and further to ensure that regular salary would be paid through online mode.

After issuance of notice, the order insofar as payment of arrears of salary was shown to have been complied with. On 18.11.2021, the following order came to be passed:

"The directions issued in Writ Petition No.5991/2016 as regards disbursement of salary online not having been complied with, the contempt petitions have been filed.
Today an affidavit on behalf of respondent no.3 is placed on record in which it has been stated that initially on 12/07/2021 the State Government had taken a decision that offline salary would be disbursed till September 2021. Thereafter on 27/10/2021 by issuing a Corrigendum this period has been extended till the end of December 3 CPST8676-20@Connected CPs.odt 2021. In paragraph 5 of the affidavit it is stated that the process for creating the payment portal is on the way and some time would be required for the same.
The respondent No.2 or the authority competent in that regard shall file affidavit indicating the period within which the payment portal would be made available so as to enable disbursement of salary online from January 2022. Affidavit be filed by 10/12/2021.
Stand over 13/12/2021."

Today, on behalf of the respondent no.3, affidavit is placed on record in which it has been stated that with regard to all sixteen Higher Secondary Ashram Schools of Yavatmal District, a D.D.O. Code has been issued. Online payment of employees in these schools would be made from January-2022.

We accept the statements made in the affidavit.

Since it is found that the orders passed in the writ petitions have been complied with, these contempt petitions are disposed of.

            (G.A. SANAP, J.)                   (A. S. CHANDURKAR, J.)
APTE




                                                               Signed By: Digitally signed
                                                               byROHIT DATTATRAYA
                                                               APTE
                                                               Signing Date:14.12.2021 11:11