Arun Sndipan Mandave v. Shri. Sachin Jagtap

1 934 CP-344-25.doc BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.344 OF 2025 BHARAT DASHARATH PANDIT Date: 2025.08.07 12:23:09 +0530 IN CIVIL WRIT PETITION NO.993 OF 2022 Aruna Sandipan Mandave .... Petitioner.

V/s Sachin Jagtap ....Respondent.

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

Mr. P. N. Diwan, A.G.P. for the respondent.

CORAM :

SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ.

DATE :

30TH JULY 2025 P.C.

By the order dated 12th August 2022, a batch of writ petitions vide Writ Petition(St) No.991 of 2022 titled "Baban S/o Mahadev Mali vs. The State of Maharashtra Thr. Secretary Finance Dept. & Ors." and connected writ petitions 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 the case of the Petitioner regarding 1/3

2 934 CP-344-25.doc applicability of 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 the Education Officer/Dy.Director of Education, as the case may be that the Petitioners are governed by old pension scheme then, steps shall be taken by the Management for forwarding proposal of pension, preferably within a period of 8 weeks from the date of order of the Education Officer/Dy.Director of Education.

4. The Petitioners shall appear before the Dy.Director of Education/Education Officer as the case may be, on 5th September 2022.

5.

All the Writ Petitions are disposed of.

6.

No cost."

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, Solapur who was the respondent no.3 before the writ Court have not been complied. The writ Court had 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. P.N. Diwan, the learned AGP representing the Education Officer (Secondary), Zilla Parishad, Solapur states that the 2/3

3 934 CP-344-25.doc directions issued by the writ Court vide order dated 12th August 2022 in Writ Petition (St) No. 991 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, Solapur, Contempt Petition No.344 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, Solapur within next four weeks a cost of Rs 5 lakhs may be imposed upon him.

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