Blind Welfare Association, Amravati Through Its Secretary v. The State Of Maharashtra, Thr.Sec. Deptt. Of Social Justice And Special Assistance, Mumbai And Othe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR

BENCH, NAGPUR.

WRIT PETITION NO.5980 OF 2014 Blind Welfare Association, Amravati, thr its Secretary ..vs..

The State of Maharashtra, thr its Secretary, Department of Social Justice & Special Assistance, Mantralaya, Mumbai and ors ......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ......................................................................................................................................... Shri N.R. Saboo, counsel for the Petitioner.

Mrs. Ketki Joshi, AGP for R-1 & 2.

CORAM

: SMT. V.A. NAIK & A.M. BADAR, JJ.

DATE : APRIL 13, 2015.

Heard.

By this petition, the petitioner seeks a direction to the respondents to disburse the arrears of grants for the years 2011-12, 2012-13, and 2013-14 to the three different blind welfare schools run by the petitioner - society.

It is not disputed that the petitioner - society is running three blind welfare institutions and these institutions have been brought on 100% grant-in-aid. According to the petitioner, only 60% of the grant-in-aid for the years 2011-12, 2012-13, and 201314 has been released in favour of the petitioner - society and the respondents have not paid the arrears of the partial grant-in-aid for the aforesaid three years. According to the petitioner - society, the President of the 'Andha Vidyalaya, Chikhaldara' is the Secretary of all the .....2/-

associations of the blind welfare societies and on the directions of the Honourable Minister for Social Justice, the State Government has directed the Commissioner to release 100% grant-in-aid payable to 'Niwasi Andha Vidyalaya, Chikhaldara. It is stated that for the reasons best known to the Honourable Minister for Social Justice, 100% grant-in-aid is released in favour of 'Niwasi Andha Vidyalaya, Chikhaldara, whereas the petitioner - society and some other institutions have received grant-in-aid, partially.

On hearing the learned counsel for the parties and on a perusal of the documents annexed to the petition, it appears that the State Government has not released the partial grant-in-aid in favour of the petitioner - society, though 100% grant-in-aid is released in favour of 'Niwasi Andha Vidyalaya, Chikhaldara on the directions of the Honourable Minister for Social Justice. Admittedly, the State Government has not paid partial grant-in-aid to the petitioner - society and it would be necessary for the State to pay the same to the petitioner - society. Since the three different blind welfare institutions have been brought on 100% grantin-aid, the State Government would be obliged to release 100% grant-in-aid for the aforesaid years in favour of the petitioner - society.

For the reasons aforesaid, the writ petition is allowed. We direct the respondents to release the arrears of grant-in-aid for the years 2011-12, 201213, and 2013-14 in favour of the three blind welfare institutions run by the petitioner - society within a .....3/-

period of three months.

Order accordingly. No order as to costs.

JUDGE JUDGE !! BRW !!

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