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Bombay High CourtWP/9003/2017disposed off

Pravin S/O. Chandrakant Patade And ORS. v. The State Of Maharashtra , Through Secretary And ORS.

2019-08-26Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre49 pages

1/49 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8387 OF 2013 Deshmukh Dilipkumar Bhagwan And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos.1 to 6 & 8.

WRIT PETITION NO. 293 OF 2018 Govind S/o Deoram Kandalkar And Ors.

State Of Maharashtra Through Its Secretary And Ors.

Pabale, AGP for Respondent Nos.1, 2, 4 and 5. WRIT PETITION NO. 295 OF 2018 Sameer S/o Ashokrao Jadhav And Ors.

State Of Maharashtra Through Its Secretary And Ors.

2/49 Pabale, AGP for Respondent Nos.1,2 and 4 to 16. WRIT PETITION NO. 531 OF 2012 Devare Rekha Ekanth And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 7, 9, 10, 12A & 13. WRIT PETITION NO. 546 OF 2012 Nivrutti Tukaram Gaikwad And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent - State.

Ms. Tanvi Kamat I/by Mr. Mandar Limaye for Respondent No.11. WRIT PETITION NO. 723 OF 2014 Maharashtra Rajya Madhyamik Va Uccha

3/49 Madhyamik Shala Kruti Samitee, Through Secretary

...Petitioner

The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents None for the Petitioner.

Pabale, AGP for Respondent Nos.1 to 10, 12 to 17, 19 to 24. WRIT PETITION NO. 862 OF 2014 Gangadhar Mahadu Darade And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 7.

WRIT PETITION NO. 864 OF 2014 Sharad Dadaji Nikam And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors. ..Respondent(s) Pabale, AGP for Respondent Nos.1 to 7.

4/49 WRIT PETITION NO. 910 OF 2014 Vina Anudanit Karmachari Pension Kruti Samiti, Through President Nandkumar P. Labade And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 10, 13, 16, 19, 22, 25, 28 and 31. WRIT PETITION NO. 1008 OF 2019 Mahendra Ramchandra Khadtar And Anr State Of Maharashtra Thru The Secretary, Dept. Of Education And Employment And Ors Pabale, AGP for Respondent Nos.1 to 4.

WRIT PETITION NO. 1009 OF 2019 Mahendra Balaram Tupkar And Ors.

State Of Maharashtra Through The Secretary And Ors.

5/49 Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 1010 OF 2019 Sunil Vijay Jadhav And Ors.

State Of Maharashtra Through The Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 1197 OF 2014 Deepak Govindrao Ahiray And Ors The State Of Maharashtra, Through Secretary, Dept Of School Education And Ors Pabale, AGP for Respondent Nos.1 to 4.

WRIT PETITION NO. 1432 OF 2012 Ashok Manjabhau Wayal And Ors The State Of Maharashtra, Through Chief

6/49 Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 6.

WRIT PETITION NO. 1811 OF 2014 Khajagi Shikshak Pension Kruti Samiti, Through President, Shaikh Sajid Ibrahim And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 9, 12, 15, 18, 21, 24, 27 & 30. WRIT PETITION NO. 1915 OF 2014 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samitee Through Its Secretary The State Of Maharashtra Through Its Chief Secretary, General Administration Dept. And Ors.

Pabale, AGP for Respondent-State.

7/49 WRIT PETITION NO. 2050 OF 2014 Bhila Ramdas Thakare And Ors.

The State Of Maharashtra Through Its Chief Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 8.

WRIT PETITION NO. 2073 OF 2017 Samadhan Janardan Garud And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors Pabale, AGP for Respondent-State.

WRIT PETITION NO. 2075 OF 2011 Maharashtra Rajya Prathamik Shikshak Samittee The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 3.

8/49 WRIT PETITION NO. 2076 OF 2011 Maharashtra Rajya Prathmik Shikshan Sevak Sangh The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 9 and 15 to 20. WRIT PETITION NO. 2081 OF 2011 Maharashtra Rajya Gramsevak Union State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 2081 OF 2018 Shri. Shashikant Dattatray Salunkhe And Ors.

State Of Maharashtra Through Its Principal Secretary, Finance Dept. And Ors.

9/49 Pabale, AGP for Respondent Nos.1 & 2.

WRIT PETITION NO. 2180 OF 2018 Vikrant S/o. Vithoba Shirkar And Ors.

State Of Maharashtra Through Its Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 13.

WRIT PETITION NO. 2192 OF 2014 Suresh Bajirao Bhedate And Ors.

The State Of Maharashtra Through Its Chief Secretary, General Admn. Dept. And Ors.

Mr. N. V. Bandiwadekar for Petitioners.

Pabale, AGP for Respondent Nos.1 to 3 and 5 to 7. WRIT PETITION NO. 2199 OF 2018 Sanjay S/o. Limbaji Pawar And Ors.

State Of Maharashtra Through Its Secretary And Ors.

10/49 Pabale, AGP for Respondent -State.

WRIT PETITION NO. 2346 OF 2014 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samitee, Through Secretary The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 13, 15, 17, 18, 20 & 22. WRIT PETITION NO. 2393 OF 2013 Surekha Machindra Kolte And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 8, 10 to 12, 13, 14, 16 to 20. WRIT PETITION NO. 2821 OF 2014 Shri. Kunte Madhav Ramkrishna And Ors

11/49 The State Of Maharashtra, Through Secretary, School Education And Sports Dept And Ors Pabale, AGP for Respondent-State.

WRIT PETITION NO. 3280 OF 2014 Prabhakar S/o Shankarrao Mule And Ors The State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 6 & 8.

WRIT PETITION NO. 3281 OF 2014 Pirjade Nasima Abdul Hasan, And Ors.

The State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 6 & 8.

WRIT PETITION NO. 3376 OF 2018 Manoj S/o. Namdev Dhiwar And Ors.

12/49 The State Of Maharashtra, Through Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 8.

WRIT PETITION NO. 3377 OF 2018 Vasudev S/o. Ganpat Jadhe And Ors.

State Of Maharashtra, Through Its Secretary, And Ors.

Pabale, AGP for Respondent Nos.1 to 3.

Mr. A. C. Gavnekar I/by Mr. C. G. Gavnekar for Respondent Nos.4 & 5.

WRIT PETITION NO. 3634 OF 2016 Vitthal Gangadhar Paymode And Ors State Of Maharashtra Through Secretary & Ors . ..Respondents Pabale, AGP for Respondent Nos.1 & 2.

13/49 WRIT PETITION NO. 3736 Of 2014 Maharashtra Rajya Madhyamik Shala Kruti Samitee, Through State Organizer, Shri.

Samadhan R. Ghadage

...Petitioner

The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Pabale, AGP for Respondent Nos.1 to 8, 10 to 16. WRIT PETITION NO. 3737 OF 2014 Maharashtra Rajya Madhyamik Shala Kruti Samitee, Through State Organizer, Shri.

Samadhan R. Ghadage

...Petitioner

The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Pabale, AGP for Respondent Nos.1 to 13, 15, 17, 18, 20 and 22. WRIT PETITION NO. 3757 OF 2014 Maharashtra Rajya Madhyamik Va Uchha Madhyamik Shala Mukhyadyapak Mahamandal, Through President

...Petitioner

14/49 The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Mr. N. V. Bandiwadekar for Petitioner.

Pabale, AGP for Respondent Nos.1 to 7 and 10. WRIT PETITION NO. 3795 OF 2014 Balu Vithoba Pande And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos.1 to 9.

WRIT PETITION NO. 3797 OF 2014 Gotiram Kacharu Jadhav And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors Pabale, AGP for Respondent Nos.1 to 9.

15/49 WRIT PETITION NO. 3955 OF 2014 Sunanda Dinesh More And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 8, 10 and 12. WRIT PETITION NO. 3987 OF 2014 Smt. Chavan Kiran Nagnath And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Mr. N. V. Bandiwadekar for Petitioners.

Pabale, AGP for Respondent Nos.1 to 3 and 5 to 7. WRIT PETITION NO. 4022 OF 2014 Shikshak Va Shikshaketar Karmachari Pension Kruti Samiti, Through Secretary And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors

16/49 Pabale, AGP for Respondent Nos.1 to 10, 11, 12, 18, 21, 24, 27, 30, 33, 39.

WRIT PETITION NO. 4105 OF 2011 Savita Khushalrao Dumare Government Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 & 3.

WRIT PETITION NO. 4220 OF 2011 Chandrakant Deoman Aher, And Ors State Of Maharashtra And Ors Pabale, AGP for Respondent - State.

WRIT PETITION NO. 4268 OF 2011 Rajendra Babaji Dhanawate And Ors The State Of Maharashtra And Ors

17/49 Pabale, AGP for Respondent Nos.1 to 12.

WRIT PETITION NO. 4306 OF 2014 Hanumant Uttam Khapure And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Mr. N. V. Bandiwadekar for Petitioners.

Pabale, AGP for Respondent Nos.1 to 3 and 5 to 7. WRIT PETITION NO. 4347 OF 2012 Lalita Laxman Chand And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos.1 to 6 & 9.

WRIT PETITION NO. 4358 OF 2012 Meera Krishna Deshmukh And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors

18/49 Pabale, AGP for Respondent Nos.1 to 9, 11, 15, 17 to 22. WRIT PETITION NO. 4600 OF 2012 Pandharinath Dagadu Jadhav

...Petitioner

State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 4.

WRIT PETITION NO. 4639 OF 2016 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee

...Petitioner

The State Of Maharashtra Through Its Chief Secretary, Gen. Admn. Dept. And Ors.

Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos.1 to 7, 9, 11, 13, 16, 18, 20, 22, 24 to 28, 20, 32, 34, 38, 40 & 42.

WRIT PETITION NO. 4845 OF 2016 Smt. Patil Vijaya Tanaji And Ors.

19/49 The State Of Maharashtra Through Its Chief Secretary, General Admn. Dept. And Ors.

Mr. S. B. Deshmukh for Petitioners.

Pabale, AGP for Respondent Nos.1 to 8.

WRIT PETITION NO. 4960 OF 2017 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee The State Of Maharashtra Through Its Chief Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 10, 12, 14, 16, 19, 22 to 26, 29, 31, 33, 35, 38, 39 to 43, 45, 48, 50, 52.

WRIT PETITION NO. 5225 OF 2014 Wani Gorakshnath Dattatray And Ors The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 6.

20/49 WRIT PETITION NO. 5429 OF 2010 Maharashtra Rajya Prathamik Shikshan Sevak Sangh And Ors.

The State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 5439 OF 2010 CIVIL APPLICATION NO. 961 OF 2011 Surajmal Yadav Nathe And Ors.

The State Of Maharashtra And Ors.

Pabale, AGP for Respondent-State and for Applicant in CAW/961/11. WRIT PETITION NO. 5487 OF 2010 Dnyaneshwar Dadaji Bhadane And Ors.

The State Of Maharashtra And Ors.

21/49 Pabale, AGP for Respondent Nos.1 to 3.

Writ Petition NO. 5505 OF 2016 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee

...Petitioner

The State Of Maharashtra Through Its Chief Secretary, General Admn. Dept. And Ors.

Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos.1 to 8, 10, 12, to 14, 16, 18 to 20 & 22.

WRIT PETITION NO. 5724 OF 2010 CIVIL APPLICATION NO. 971 OF 2011 Manisha Sagar Lad And Ors.

The State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 9 & 11 to 13 and for Applicant in CAW/971/11.

22/49 WRIT PETITION NO. 6257 OF 2011 Swati Raju Thombare And Ors The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 8 & 10 to 13. WRIT PETITION NO. 6400 OF 2018 Dattatray Ramakant Mokashi And Others State Of Maharashtra Pabale, AGP for Respondent Nos.1 to 9.

WRIT PETITION NO. 6823 OF 2014 Shri. Pramod Manohar Sanap And Ors The State Of Maharashtra, Through Secretary, Dept Of School Education And Ors Pabale, AGP for Respondent Nos.1 to 3.

23/49 WRIT PETITION NO. 7066 OF 2010 Chaya Namdev Pawale, And Ors The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 7506 OF 2013 Suresh Raghunath Kumbhar And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Pabale, AGP for Respondent Nos.1 to 11.

WRIT PETITION NO. 7613 OF 2010 Amrapali Pralhad Borade And Ors.

The State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 3 and 8.

24/49 WRIT PETITION NO. 7733 OF 2012 Manisha Ajit Jadhav And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Pabale, AGP for Respondent-State.

WRIT PETITION NO. 7871 OF 2016 Malikarjun Dasharath Jamadar State Of Maharashtra Through Its Secretary, Social Justice And Special Assist. Dept. And Ors. Pabale, AGP for Respondent Nos.1 & 2.

WRIT PETITION NO. 7966 OF 2010 Huchappa Shivagonda Kayapure And Ors.

The State Of Maharashtra And Ors.

25/49 Pabale, AGP for Respondent Nos.1 to 11, 14 to 19. WRIT PETITION NO. 7974 OF 2011 Smt Archana Suhas Ghantellu And Ors The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 5, 20, 22, 24. WRIT PETITION NO. 7975 OF 2011 Smt. Seema Balu Jadhav And Ors The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 10, 12 to 14, 17. WRIT PETITION NO. 7977 OF 2011 Vare Dnyandeo Piraji And Ors The State Of Maharshtra And Ors

26/49 Pabale, AGP for Respondent-State.

WRIT PETITION NO. 7993 OF 2016 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee Through Secretary, Shri D. Patil The State Of Maharashtra Through Chief Secretary And Ors Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos.1 to 9, 11, 13, 15, 17, 19, 20, 22, 24. WRIT PETITION NO. 8388 OF 2013 Maharashtra Rajya Shala Kruti Samittee, Through Secretary The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Pabale, AGP for Respondent Nos.1 to 6 & 8.

WRIT PETITION NO. 8408 OF 2010 Khudabi Mahamad Nadaf And Ors.

27/49 The State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 9.

WRIT PETITION NO. 8683 OF 2016 Vasant Namdeo Ghuge And Ors.

State Of Maharashtra Through The Secretary, Dept. Of Edu. And Employment And Ors.

Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 8760 OF 2010 Maharashtra Rajya Prathamik Shikshan Sevak Sangh

...Petitioner

State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 5, 7 & 8.

28/49 WRIT PETITION NO. 8765 OF 2010 Maharashtra Rajya Prathamik Shikshan Sevak Sangh And Anr.

The State Of Maharashtra And Ors.

Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 8984 OF 2017 Kalpesh S/o. Shivaji Chavhan And Ors.

The State Of Maharashtra , Through Its Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 3 and 5 & 6. WRIT PETITION NO. 8985 OF 2017 Manik S/o. Shrirangrao Gaikwad And Ors.

The State Of Maharashtra , Through Secretary And Ors.

29/49 Pabale, AGP for Respondent Nos.1 to 3 and 5 & 6. WRIT PETITION NO. 8986 OF 2017 Vinodkumar S/o. Dilip Patil And Ors.

The State Of Maharashtra , Through Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 3, 5 and 6. WRIT PETITION NO. 8987 OF 2017 Santukrao S/o. Tukaram Kasewad And Ors.

The State Of Maharashtra , Through Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 3, 5 & 6. WRIT PETITION NO. 8988 OF 2017 Munawwar A. Razzaque Shaikh And Ors.

The State Of Maharashtra , Through Secretary

30/49 And Ors.

Pabale, AGP for Respondent Nos.1 to 3, 5 & 6. WRIT PETITION NO. 8989 OF 2017 Swapnil S/o. Padmakar Gosavi And Ors.

The State Of Maharashtra , Through Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 3, 5 & 6. WRIT PETITION NO. 9003 OF 2017 Pravin S/o. Chandrakant Patade And Ors.

The State Of Maharashtra , Through Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 3 & 7.

WRIT PETITION NO. 9179 OF 2016 Ashok Laxman Bhadange And Ors.

31/49 State Of Maharashtra Through The Secretary, Dept. Of Edu. And Employment And Ors.

Pabale, AGP for Respondent Nos.1 to 4.

WRIT PETITION NO. 9309 OF 2017 Allimoddin Allaudin Sayyed And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9310 OF 2017 Girish S/o. Raghunath Gosavi And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

32/49 WRIT PETITION NO. 9311 OF 2017 Umesh S/o. Magan Padvi And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9312 OF 2017 Navnath S/o. Pandurang Dhandore And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9314 OF 2017 Prakash S/o. Chanabasu Mali And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

33/49 Pabale, AGP for Respondent-State .

WRIT PETITION NO. 9321 OF 2017 Nitin S/o. Namdeo Tidole And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9330 OF 2017 Mahadev S/o. Jaywant Rangar And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9431 OF 2017 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee

...Petitioner

The State Of Maharashtra Through Its Chief

34/49 Secretary, Gen. Admn. Dept. And Ors.

Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos.1 to 11, 13, 14, 16, 18, 19. WRIT PETITION NO. 9432 OF 2017 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee

...Petitioner

The State Of Maharashtra Through Its Chief Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 8.

WRIT PETITION NO. 9433 OF 2017 Mah. Rajya Madhyamik Vauccha Madhyamik Shalakruti Samitte Through Its District Executive President The State Of Maharashtra Through Its Chief Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 15, 18, 20, 22 to 24, 26 to 31, 33 to 37.

35/49 WRIT PETITION (ST) NO. 9798 OF 2016 Bhausaheb Vashishat Bavkar And Ors.

The State Of Maharashtra Through Its Chief Secretary, General Admn. Dept. And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9928 OF 2017 Nitin S/o Ashok Malgave And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9929 OF 2017 Gautam S/o. Yadav Mane And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

36/49 Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9930 OF 2017 Salim S/o. Gulab Shaikh And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9931 OF 2017 Kiran S/o. Dhondu Shewale And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9932 OF 2017 Sudhakar S/o. Ramsing Chavhan And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

37/49 Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9933 OF 2017 Santosh S/o. Balasaheb Jagtap And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent Nos.1 to 3.

WRIT PETITION NO. 9934 OF 2017 Chunilal S/o. Balamsing Gosavi And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 9935 OF 2017 Mahendra S/o. Pithaji Dhotre And Ors.

38/49 State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 10029 OF 2010 Pune Zilla Uccha Madhyamik Shala Granthpal Sangh

...Petitioner

State Of Maharashtra And Ors Pabale, AGP for Respondent Nos.1 to 7.

WRIT PETITION NO. 10042 OF 2010 Pradip Namdev Kalel And Ors The State Of Maharashtra And Ors Pabale, AGP for Respondent Nos. 1 to 8 and 10. WRIT PETITION NO. 10089 OF 2013 Maharashtra Rajya Madhyamik Va Uccha

39/49 Madhyamik Shala Kruti Samittee The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Pabale, AGP for Respondent Nos. 1 to 7, 9 to 11. WRIT PETITION NO. 10090 OF 2013 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee

...Petitioner

The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Pabale, AGP for Respondent Nos. 1 to 7, 9, 11 & 13. WRIT PETITION NO. 10091 OF 2013 Jyoti Vinod Patil And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors ...Respondents Pabale, AGP for Respondent Nos.1 to 9, 11, 13, 15, 16A, 19, 21 to 23.

40/49 WRIT PETITION NO. 10141 OF 2017 Santosh S/o Dnyanoba Dangat And Ors.

State Of Maharashtra Through Its Secretary And Ors.

Pabale, AGP for Respondent Nos. 1 to 3.

WRIT PETITION NO. 10465 OF 2011 Vinaya Raghunath Nizirkar And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos. 1 to 8, 10, 13 to 15 & 17. WRIT PETITION NO. 10623 OF 2012 Beena Sachin Shinde And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors

41/49 Pabale, AGP for Respondent Nos. 1 to 12.

WRIT PETITION NO. 10671 OF 2017 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee The State Of Maharashtra, Through Its Chief Secretary And Ors.

Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos. 1 to 4, 6 to 12, 14, 17, 19, 21 to 23, 26, 27, 30, 32 to 34, 37 to 39, 42, 43.

WRIT PETITION NO. 10720 OF 2012 Basaragaon Panchhappa Mallappa And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors Pabale, AGP for Respondent Nos. 1 to 8.

WRIT PETITION NO. 10782 OF 2016 Pramod Laxman Narwade And Ors

42/49 The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors . ..Respondents Pabale, AGP for Respondent Nos. 1 to 7.

WRIT PETITION NO. 10793 OF 2017 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee

...Petitioner

The State Of Maharashtra, Through Its Chief Secretary And Ors.

Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent Nos. 1 to 4, 6, 7, 13, 15, 17, 18, 20, 21, 23, 25.

WRIT PETITION NO. 10794 OF 2017 Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee

...Petitioner

The State Of Maharashtra, Through Its Chief Secretary And Ors.

Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent-State.

43/49 WRIT PETITION NO. 11381 OF 2016 Smt. Tugaonkar Sujata Siddharam

...Petitioner

The State Of Maharashtra Through Chief Secretary And Ors Pabale, AGP for Respondent Nos. 1 to 6.

WRIT PETITION (ST) NO. 11689 OF 2016 Vijay Ambadas Jadhav And Ors The State Of Maharashtra Through Chief Secretary And Ors Pabale, AGP for Respondent-State.

WRIT PETITION NO. 11713 OF 2012 Rekha Ashok Tubhe And Ors The State Of Maharashtra, Through Chief Secretary, General Administration Dept And Ors . ..Respondents

44/49 Pabale, AGP for Respondent Nos. 1 to 4, 5 to 7, 9, 10, 12 and 13. WRIT PETITION NO. 12024 OF 2017 Gautam Kishor Kambale And Ors.

State Of Maharashtra Through The Secretary And Ors.

Pabale, AGP for Respondent Nos. 1 to 3.

WRIT PETITION NO. 12082 OF 2013 Vina Anudanit Karmachari Pension Kruti Samiti, Through Secretary, Shashikant Pandurang Patil And Ors The State Of Maharashtra, Through Chief Secretary, General Administrative Dept And Ors Pabale, AGP for Respondent Nos. 1 to 10, 13, 16, 19, 22, 25, 28, 31 and 34.

WRIT PETITION NO. 12579 OF 2016 Maharashtra Rajya Madhyamik Va Uccha

45/49 Madhyamik Shala Kruti Samitee.

The State Of Maharashtra & Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION (ST) NO. 14170 OF 2016 Surekha Narayan Kadam And Ors.

The State Of Maharashtra Through Its Chief Secretary, General Admn. Dept. And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION NO. 14178 OF 2017 Rajesh Pandurang Salunkhe And Ors State Of Maharashtra Through Its Secretary, Social Justice And Special Assistant Dpet.

And Ors.

Pabale, AGP for Respondent Nos.1 to 6.

46/49 WRIT PETITION NO. 14204 OF 2016 Dnayneshwar S/o Sonyabapu Rasal,& Ors.

The State Of Maharashtra And Ors.

Mr. S. S. Pakale a/w Mr. Avinash Belge & S. M. Katkar for Petitioners. Pabale, AGP for Respondent-State.

WRIT PETITION (ST) NO. 22867 OF 2017 Mr. Parmeshwar Jayvantrao Surwase And Ors.

State Of Maharashtra And Ors.

Pabale, AGP for Respondent-State.

WRIT PETITION (ST) NO. 23148 OF 2017 Balasaheb S/o. Bhimrao Dhakne And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Pabale, AGP for Respondent-State.

47/49 WRIT PETITION (ST) NO. 23149 OF 2017 Dhanraj S/o. Sharnappa Patil And Ors.

State Of Maharashtra, Through Its Secretary And Ors.

Mr. P. P. Kakade, Govt. Pleader a/w Mr. A. I. Patel, AGP a/w Mr. M. M. Pabale, AGP for Respondent-State.

CORAM: PRADEEP NANDRAJOG, CJ. & SMT. BHARATI DANGRE, J.

AUGUST 26, 2019.

P.C.

1.

The issue regarding which pension scheme was applicable became a subject matter of litigation on account of the fact that vide Government Resolution dated 31.10.2005 government servants recruited in State service in Maharashtra after 01.11.2005 were to be governed by Defined Contributory Pension Scheme and not Maharashtra Civil Services (Pension) Rules, 1982. The stand taken by the State Government was that employees of private aided schools recruited on or after 01.11.2005 would also be governed by the Defined Contributory Pension Scheme. Ancillary issues arose in the context of employees of private

48/49 schools working against unaided posts and partially aided posts as also fully aided posts pre and post 01.11.2005. 2.

The Full Bench of this Court held that employees of the schools, including colleges of education, who were working against fully aided i.e. 100% aided posts prior to 01.11.2005 irrespective of the nature of initial appointment would be governed by the old pension scheme and thus who joined or held 100% aided posts after 01.11.2005 would be entitled to the new pension scheme.

3.

We are given to understand that leave to appeal has been granted by the Supreme Court against the Full Bench decision and the matter currently awaits final adjudication before the Supreme Court.

4.

However, as regards this court the issue has attained finality and thus we dispose of all the writ petitions declaring that the right of the petitioners would be determined as per the decision of the Full Bench subject to the same being affirmed, reversed or modified before the Supreme Court. Meaning thereby, the mandamus issued by this court today would automatically stand modified depending upon the view finally taken by the

49/49 Supreme Court.

5.

Civil Application Nos.961/2011 & 971/2011 are disposed of as infructuous.

6.

Files be consigned to the Record Room.

7.

No costs.

SMT. BHARATI DANGRE, J. CHIEF JUSTICE