Shivaji Chokoba Suryawanshi And Others v. Vandana Phutane The Education Primary

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 215 OF 2022 IN WRIT PETITION NO. 2822 OF 2019 Manik Namdeorao Gawali & another Petitioners

Versus

Vandana Phutane Respondent Mr. L. H. Kawale, Advocate for the petitioners. Mr. R. R. Tandale, Advocate for the respondent. WITH CONTEMPT PETITION NO. 216 OF 2022 IN WRIT PETITION NO. 2825 OF 2019 Gulab Dajiba Kamble Petitioner

Versus

Vandana Phutane Respondents Mr. L. H. Kawale, Advocate for the petitioner. Mr. R. R. Tandale, Advocate for the respondent. WITH CONTEMPT PETITION NO. 220 OF 2022 IN WRIT PETITION NO. 1983 OF 2019 Shivaji Chokoba Suryawanshi & others Petitioners

Versus

Vandana Phutane Respondent Mr. L. H. Kawale, Advocate for the petitioner. Mr. R. R. Tandale, Advocate for the respondent.

- 2 - CORAM : RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATE : 30th JUNE, 2022.

PER COURT :

1.

All these petitioners are identically placed and are benefciaries of the order dated 29th February, 2019, passed by this Court (Coram : Prasanna B. Varale & S. M. Gavhane, JJ) delivered in Writ Petition No. 1680/2019 fled by Raghunath Madhavrao Aalgule and another vs. The State of Maharashtra and others and connected petitions. Many of these petitioners approached this Court in the frst contempt petitions. By order dated 8th December, 2021, the contempt petitions were disposed off by recording the statement of the then Education Offcer that the Government would be sanctioning an amount of Rs. 53,00,000/- for these petitioners and within four months, the arrears would be paid to them. 2.

In the present proceedings, Smt. Vandana Phutane, Education Offcer (Primary), Zilla Parishad, Latur, is before the Court. She has taken charge on 25th February, 2022. The budget which was being asked for from the Government, has now received by

- 3 - the department on 24th June, 2022. She makes a statement that all these petitioners would be granted their benefts strictly in accordance with paragraph No. 9 of the order dated 26th February, 2019. It is only in the case of around 3 to 4 petitioners whose original service books are not traced out. The learned Advocate for the petitioners submits that the second copies of the service books available with the petitioners would be tendered to the Education Offcer on or before 7oth July, 2022.

3.

The Education Offcer has tendered an affdavit and expressed her unconditional apology. We are considering her stand taken in these petitions since she joined on 25th February, 2022 and the budget by which the amounts are to be distributed to the petitioners, became available from the Government on 24th June, 2022.

4.

In view of the above, as the petitioners are satisfed and the statement made by the Education Offcer has been recorded as a statement made to the Court, these petitions are disposed off. Needless to state, payment would be made to all the original petitioners, on or before 30th August, 2022, failing which, we would

- 4 - have to adopt a strict approach and in that situation, we would not accept any apology on behalf of any of the errant offcers. ( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) Judge Judge dyb