Mr. Satish Shankarrao Kale v. Union Of India, Thr. Secretary (Idssa Scheme), Ministry Of Human Resource Dev. New Delhi

024:BHC-NAG:3-DB 1 1 wp 3696-2018 and others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3696/2018 (Mrs. Chitra W/O Jagdish Mehar And Others Vs. Union Of India And Others) 1859/2021 (Hema W/O Manohar Lende Vs. Union Of India And Others) 1861/2021 (Suvarna Ramesh Kumbhare Vs. Union Of India And Others) 1857/2021 (Dilip S/O Tulshiram Kumbhare Vs. Union Of India And Others) 1858/2021 (Bharti Digambarrao Dadwe Vs. Union Of India And Others) 1860/2021 (Vinod S/O Ajabrao Nandekar Vs. Union Of India And Others) 1752/2021 (Shital Manohar Tale And Others Vs. State Of Maharashtra, Thr. Secretary, Dept. Of School Education And Sports, Mumbai) CONTEMPT PETITION NO.211/2024 AND 358/2023 1 856 /2021 (Anup s/o Mohanrao Chafale .Vs. Union Of India And Others) 1748/2021 (Tara D/O Gangaram Charbhe Vs. Union Of India And Others) 1698/2021 (Shilpa Shrirampant Mandale Vs.

Union Of India and others) WRIT PETITION NO.3094/2021 (Shalini Dnyaneshwar Gadge And Others Vs. Union Of India And Others) 1754/2020 (Shri Vipul Bhaskarrao Raut And Others Vs. Union Of India And others) 1753/2020 (Ku. Sangita Panjabrao Rupanarayan And Others Vs. Union Of India And Others) 1778/2021 & CONTEMPT PETITION NO.23/2022 (Ghanshyam Vithobaji Guguskar Vs.

2 1 wp 3696-2018 and others 3202/2019 (Ms. Archana Wamanrao Borkar (Mrs. Archana Prashant Shingne) And Another Vs. Union Of India And Others) 2746/2014 (Ramdas R. Thawre And Others Vs. Union Of India And Others) 8549/2019 (Mrs. Neerja Rajesh Khare And Others Vs. Union Of India And Others) 4228/2017 (Chetan Mohanrao Dhapodkar And Others Vs. Union Of India And Others) 4844/2022 (Mr. Satish Shankarrao Kale Vs. Union Of India, Thr. Secretary (Idssa Scheme), Ministry Of Human Resource Dev. New Delhi) 4654/2022 (Ravindara S/O Devidasji Dhore And Others Vs. Union Of India, Thr. Secy. (Iedss Scheme) To The Ministry Of Human Resource Dev., New Delhi And Ors) 4850/2022 (Ajay S/O Manoharrao Gulhane And Others Vs. Union Of India, Thr. Secy. (Iedss Scheme) To The Ministry Of Human Resource Dev. New Delhi And Ors) 3717/2021 & CONTEMPT PETITION NO.

146/2024 (Smt. Kavita Vishwanath Choudhary And Another Vs. Union Of India, Thr. Its Secretary (Iedss Scheme), Ministry Of Home Research Development, New Delhi) 4682/2015 (Mr. Rajesh S/O Deorajoji Kandalkar And Others Vs. The State Govt. Through Its Principal Secty., Education Deptt., Mumbai And Others) 8508/2019 (Mr. Prashant Laxmanrao Bhalerao And Others Vs. Union Of India, Through Its Secretary, (Idssa Scheme), Hrd Ministry, New Delhi And 3 Others) 5143/2018 (Rajendra Vitthalrao Bagade And Others Vs. Union Of India, Thr. Its Secretary, (Idssa Scheme), Hrd Ministry, New Delhi And Others) 6657/2022 (Abhinandan S/O. Pandurang Gawai And Others Vs. Union Of India, Thr. Secy. (Iedss Scheme) To The Ministry Of H. R. Devpt. New Delhi And Ors) 7855/2017 Yuvraj S/O Shravanji Chore And Others Vs. The Union Of India, Thr.

Ministry Of Human Resources Devl. New Delhi Thr.

3 1 wp 3696-2018 and others 8159/2017 (Mangesh Janardhan Kawadapure And Others Vs. The Union Of India, Thr. Ministry Of Human Resources Devl. New Delhi Thr. Chief Secretary And Other) 7854/2017 (Bandu S/O Rajaram Kubade And Others Vs. The Union Of India, Thr. Ministry Of Human Resources Development, New Delhi Thr. Chief Sec.

And Others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Purchare, Shri R.K. Deshpande and Mr. A.R. Deshpande, Shri P.S. Wathore, Dr. Renuka S. Sirpurkar, Shri M.A. Abdul Mushtaque, Ms. U.R. Tanna, Shri A.A. Choube, Mr. U.J. Deshpande, Advocates for the petitioners in respective petitions. Ms Kalyani Deshpande, AGP for respondent/State. Mrs. M. Chandurkar, Ms.

Meghna Munshi, Counsel for UOI, Mrs. B.P. Maldhure, Advocate for respondent No.6 in WP Nos.1859/2021, 1861/2021, 1857/2021, 1858/2021, 1860/2021, 1778/2020 & 4654/2022, Shri Pavan Raulkar, Advocate for respondent No.4 in WP Nos.1752/2021 and respondent No.6 in WP No.1748/2021, Shri G.S. Sengar, Advocate for respondent Nos.6and 7 in WP No.1698/2021, Shri J.B. Kasat, Advocate for respondent No.8 in W.P. NO.4850/2022. Ms. A.A. Kale, Advocate h/f. Mrs. Suhasini N. Deshpande, Advocate for respondent in WP No.3094/2021, 1754/2020, 1753/2020, Shri S.R. Wagh, Advocate h/f. Mr. B.N. Jaipurkar, Counsel for respondent Nos.9 and 11 in WP No.4850/2022.

CORAM : G.A. SANAP & ABHAY J. MANTRI , J J .

DATED : 04-10-2024 Learned AGP submits that today itself Director of Education would inform the bank in respect of defreezing the accounts of the some of the petitioners, whose accounts have been freezed. Learned AGP submits that today sum of Rs.5,86,50,000/- (Rupees Five Crore Eighty Six Lacs Fifty Thousand Only) has been debited from the account of Director of Education, Maharashtra State, Pune. Learned AGP submits that the amount would be deposited in the respective accounts of the teachers/petitioners.

In our view, the statement made by the learned AGP

4 1 wp 3696-2018 and others would take care of principal grievance of non-payment of arrears of salary to the petitioners.

3.

In view of the above, Deputy Director of Education, Nagpur Division, Nagpur shall file the affidavit of compliance of the order dated 06.09.2024 as well as the compliance of the statement made and recorded hereinabove.

4.

The affidavit be filed within a week from today. 5.

We are making it very clear that on this account there shall not be any dispute in future. Similarly the Deputy Director of Education, Nagpur Division, Nagpur shall see that the order is complied in letter and spirit.

6.

Stand over to 18.10.2024 for final hearing of the matters.

7.

Ad interim order, if any, be continued till the next date.

CIVIL APPLICATION NO.867 OF 2024 I N WRIT PETITION NO.4654 of 2022 1.

This is an application for addition of the applicants as petitioners in the petition.

In the application, the relevant facts with regard to their grievance have been made. It is stated that they are necessary party for the adjudication of this petition. It is also stated that without adding them as party their grievance as against the respondents could not be properly placed before the Court and redressed.

3.

In view of this, the application is allowed in terms of prayer clause (i).

4.

The order be complied within one week.

5.

The civil application stands disposed of.

5 1 wp 3696-2018 and others CIVIL APPLICATION NO.671 OF 2024 IN WRIT PETITION NO.4844/2022 1.

This is an application for amendment of the petition. The petitioner proposes to incorporate paragraph No.17 (A) to 17 (X) and add prayer clauses ii(a) to ii(c) after prayer clause (ii) in the petition. The proposed amendment and proposed prayer clauses have been set out in the amendment application.

3.

Perusal of this application would show that by this application, the petitioner wants to bring on record the subsequent developments, relevant for deciding the issue in the petition.

4.

We have perused the record and proposed amendment.

5.

We are of the view that for the adjudication of the dispute raised in the petition, the proposed amendment would be necessary. It is seen that no prejudice as such would be caused to the respondents inasmuch as the respondents would get an opportunity to file the reply and meet the proposed amendment.

6.

In view of this, the application is allowed as prayed for.

7.

The civil application is disposed of.

8.

The amendment be carried out within three days. The amendment copy of the petition be provided to all the respondents.

6 1 wp 3696-2018 and others 9.

Liberty is granted to the respondents to file reply to the proposed amendment within a week from the date of receipt of the copy of the order.

(ABHAY J. MANTRI, J.) (G.A. SANAP, J.) manisha