Mahesh Baburao More And Others v. Shri Vijay Waghmare And Others

2025:BHC-AUG:423-DB 942-CP-993-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 993 OF 2024 IN WRIT PETITION NO. 2572 OF 2024 Mahesh Baburao More and Others ..PETITIONERS

VERSUS

Vijay Waghmare and Others ..RESPONDENTS ....

Mr. V.B. Jadhav, Advocate for petitioners Mrs. K.B. Patil Bharaswadkar, Addl.G.P. for - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 07th JANUARY, 2025 PER COURT :

1.

This contempt petition is filed for non-compliance of order dated 06th March, 2024, which reads as under :- "2.

The present petition has been filed to direct respondent no.1 to sanction regular pay scale to the post held by petitioner nos.1 to 3.

3.

Perusal of the documents would show that the appointment of petitioner nos.1 to 3 is from 2013-2014. The petitioner no.4 had approached this Court in Writ Petition No.3718/2016, which came to be decided on 06.08.2018 to challenge the decision of respondent no.1 for non granting salary and other grants to the Sharda Sadan Schedule Caste Secondary Ashram School. It is the school where petitioner nos.1 to 3 are serving. In view of the decision in the said matter, the Government was directed to take decision afresh. Thereupon, the Government Resolution dated 17.10.2018 was issued and the staff was sanctioned. However, as regards the Helper and Peon i.e. in all three posts, it was directed that it should be by outsourcing. Thereafter, it appears that, 1 / 2

942-CP-993-24.odt representation was made by petitioner no.4 that no such order was passed in respect of other similarly situated schools in Maharashtra and, therefore, as regards the Helper and Peon are concerned, the decision be reconsidered. There is positive recommendation of respondent nos.2, 3 and 4 and it appears that, presently issue is pending before respondent no.1. In view of this position, we dispose of the writ petition by issuing directions to respondent no.1 to decide the said representation of the petitioner no.4 in pursuance to the recommendation made by other respondents within a period of four months from today on its own merits.

4.

The learned A.G.P. to inform this order to the concerned Authorities.

5.

Writ Petition is disposed of."

2.

Learned Addl.G.P. submits that the concerned authority i.e. Respondent No.1 has taken decision on the proposal of the petitioner and order accordingly is passed. He placed on record copy of the same. Same is taken on record.

3.

Learned counsel for the petitioner submits that there is clear-cut discrimination and also no explanation has been given in the order. 4.

It is needless to state that the petitioner would be at liberty to challenge the said order. In view of above, nothing remains in the contempt petition. Same stands disposed of.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2