Mrs Rajashree Mukund Tambe And Another v. Mr Mukund Subhash Tambe

1 933 CP-343-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION by BHARAT DASHARATH PANDIT Date: 2025.08.07 12:24:20 +0530 CONTEMPT PETITION NO.343 OF 2025 IN CIVIL WRIT PETITION NO.8095 OF 2022 Vikramsinh s/o Balasaheb Bhosale .... Petitioner.

V/s Shri Eknath S. Ambokar ....Respondent.

Mr. Arvind G. Ambetkar (through VC) a/w Mr. Sandeep Gupta, Advocates for the petitioner.

Mr. S.B. Kalel, A.G.P. for the respondent.

CORAM :

SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ.

DATE :

30TH JULY 2025 P. C.

By the order dated 11th July, 2022, Writ Petition No.8095 of 2022 titled "Vikramsinh Balasaheb Bhosale vs. The State of Maharashtra Thr. Its Secretary Finance Dept. and Ors." came to be disposed of with the following directions:- "(i) In view of above, we find it necessary to relegate the case of the Petitioner to the Respondent No.3 -Education Officer, as the case may be, for taking appropriate decision depending upon the outcome of verification and the facts governing the case of the Petitioner.

(ii) The Petition is, therefore, partly allowed and following directions are issued:- (a) Respondent No.3 - Education Officer, as the case may be, is directed to decide case of the Petitioner regarding applicability of 1/3

2 933 CP-343-2025.doc the old pension scheme as per Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Computation of Pensions) Rules-1984 and General Provident Fund Scheme by keeping in view law laid down by this Court in its various judgments including the judgments referred to in the body of the judgment.

(b) If it is so found by Respondent No.3 - Education Officer, as the case may be, that the Petitioner is governed by old pension scheme, the Respondent No.3, as the case may be, shall issue necessary directions to not deduct any amount from the salary payable to the Petitioner governed by the old pension scheme for the purpose of its applying to the DCPS or NPS, and shall also issue necessary directions for refunding of theses amounts to the petitioner from his salary, same is deducted, within four weeks of the date on which such determination is made. (c) In case it is found that the Petitioner is governed by the old pension scheme necessary directions shall be issued by Respondent No.3, as the case may be, to open GPF accounts in the name of the Petitioner found eligible for same, within four weeks of the date on which his eligibility is determined. (d) The Petitioner to appear before the Respondent No.3Education Officer, as the case may be, on 01/08/2022.

4. Writ Petition stands disposed of accordingly."

2. In the present contempt petition, the petitioner has made a grievance that the directions issued by the writ Court to the Education Officer (Secondary), Zilla Parishad, Kolhapur who was the respondent no.3 before the writ Court have not been complied. The writ Court had 2/3

3 933 CP-343-2025.doc directed the respondent no.3 to decide the applicability of the Old Pension Scheme as per Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Computation of Pensions) Rules 1984 and General Provident Fund Scheme.

3. On instructions, Mr. S.B. Kalel, the learned AGP representing the Education Officer (Secondary), Zilla Parishad, Kolhapur states that the directions issued by the writ Court vide order dated 11th July 2022 in Writ Petition No. 8095 of 2022 and connected matters shall be complied by the respondent no.3 within next four weeks. 4.

Recording the statement made on behalf of the Education Officer (Secondary), Zilla Parishad, Kolhapur, Contempt Petition No.343 of 2025 is disposed of indicating that in the event the writ Court's order is not complied with by the Education Officer (Secondary), Zilla Parishad, Kolhapur within next four weeks a cost of Rs 5 lakhs may be imposed upon him.

[MANJUSHA DESHPANDE, J.] [SHREE CHANDRASHEKHAR, J.] 3/3