Disposed

The Maharashtra Rajya Prathmik Shikshak Samiti Thr Its Secretary v. the State of Maharashtra and Another

Bombay HC12 Apr 2016PIL/48/2016

Case brief

AI extract

What is this about?

In this PIL, the petitioner sought direction to implement a 2010 Circular regarding government policies. The petitioner was absent, and after the respondent state was heard, the court disposed of the petition with observations that authorities are bound by existing circulars unless superseded.

What the court decided

AI extract

The Maharashtra Rajya Prathmik Shikshak… — Pension and Retirement Benefits | Bombay HC (2016)

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(1)PIL No. 48 of 2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.

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Public Interest Litigation No. 48 of 2016

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District : Nanded

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The Maharashtra Rajya Prathamik Shikshak
Samiti, Through its Secretary,
Udya Ramchandra Shinde,
Age : 51 years,
Occupation : Service,
R/o. Indavali, Post : Karandi,
Taluka : Jawali, District : Satara... Petitioner.

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versus

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1.The State of Maharashtra,
Through its Principal Secretary,
Village Development & Water
Conservation Department,
Mantralaya, Mumbai - 32.

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2. The Education Officer, Zilla Parishad, Nanded, District : Nanded. .. Respondents.

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............

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Mr. G.J. Karne, Advocate, for the petitioner (Absent).

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Mr. A.B. Girase, Government Pleader, for respondent no.1.

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............

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CORAM : S.S. SHINDE &

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SANGITRAO S. PATIL, JJ.

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DATE : 12TH APRIL 2016

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COURT'S ORDER (Per S.S. Shinde, J.) :

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1.When the petition was called out in the

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(2)PIL No. 48 of 2016

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morning session, none appeared for the petitioner.
Even in the afternoon session, none appears for the
petitioner.

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2.Perused the petition & annexures thereto.
Heard the learned Government Pleader appearing for
respondent no.1 - State.

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3.By way of filing this petition in the nature
of public interest litigation, direction is sought to
the Principal Secretary to the Government of
Maharashtra, Rural Development & Water Conservation
Department, Mumbai, to ensure that the Circular dated
26th July 2010, issued by the Rural Development &
Water Conservation Department, is implemented and
acted upon in its letter and spirit and that no order
contrary to the mandate of the said Circular is
passed by any functionary subordinate to the
Government.

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4.It is needless to mention that the

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Officers / Authorities working under the Government
of Maharashtra are bound to follow the policies laid
down in the Circular unless the said Circular is
superseded by subsequent Circular / Government
Resolution or by framing Rules. In that view of the
matter, as long as the Circular dated 26th July 2010
referred herein above is in force, the respondents
will implement the provisions of the said Circular

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(3)PIL No. 48 of 2016

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unless the same is superseded by subsequent
Circular / Government Resolution / Rules.

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5.With the above observations, the Petition
(PIL) stands disposed of.

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(SANGITRAO S. PATIL) (S.S. SHINDE)
 JUDGE JUDGE

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 puranik / PIL48.16

The Maharashtra Rajya Prathmik Shikshak Samiti Thr Its Secretary v. the State of Maharashtra and Another

Case brief

What is this about?

What the court decided

The Maharashtra Rajya Prathmik Shikshak Samiti Thr Its Secretary v. the State of Maharashtra and Another

Case brief

What is this about?

What the court decided

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