Dismissed

Balaji Pandurang Biradar and Others v. the State of Maharashtra and Others

Bombay HC15 Jul 2019CA/8126/2019

Case brief

AI extract

What is this about?

The Court disposed of a civil application wherein applicants claimed appointment in Ashram Schools based on a Government Resolution creating posts in Science and Art streams. Relying on a prior writ petition order and a corrigendum extending posts, the Court granted the application with liberty to petitioners to pursue State authorities for approval and salary payment.

What did the court decide?

Application and Writ Petition disposed of with liberty to petitioners to pursue State authority for accommodation/approval of their claims expeditiously.

Balaji Pandurang Biradar and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2019)

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C.A. No. 8126/2019

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

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2. CIVIL APPLICATION No. 8126 of 2019 IN WRIT PETITION No. 12346 of 2016

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Balaji Pandurang Biradar and others ...Applicants

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Versus

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The State of Maharashtra and others ...Respondents

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Mr. N.P. Patil Jamalpurkar, Advocate for applicants Mrs. A.V. Gondhalekar, Asstt. Govt. Pleader for Respts. No.1 to 3

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CORAM : PRASANNA B. VARALE, AND

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R. G. AVACHAT, JJ.

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DATE : 15^th July, 2019

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ORAL ORDER:

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Heard Mr. Patil, learned Counsel appearing for the

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applicants.

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By inviting our attention to an order passed by this Court in Writ Petition No. 8614 of 2017 dated 19^th March 2017, learned Counsel Mr. Patil submitted that the applicants are identically circumstanced to petitioners in Writ Petition No. 8814 of 2017. While passing the order dated 19^th March 2017, our

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2 C.A. No. 8126/2019

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attention was invited to the Government Resolution dated 8^th March, 2019 and it was submitted before this Court that four independent posts are created to teach the subject in the Science stream and the Government Resolution also refers to the list of districts and Ashram Schools in these districts. In view of the Government Resolution, the writ petition was disposed of with liberty to petitioners to pursue the respective State Authority like the District Social Welfare Officer for accommodation/approval of the petitioners in the Ashram Schools against the subjects as stated in the said resolution. The State Government was, however, directed to consider their claim expeditiously on their own merits.

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Mr. Patil, learned Counsel for the petitioners, today placed on record copy of the corrigendum issued to the Government Resolution dated 8^th February, 2013. The same is taken on record and marked 'X' for identification. The corrigendum refers to additional two posts being made available in Science stream and two posts in Art stream. It also refers to the additional financial burden on the State. Mr. Patil, learned Counsel submitted before us that applicant No.1 Balaji Pandurang Biradar is teaching Hindi subject, applicant No.2 Maroti Ramdas Chavan is teaching Geography subject, applicant No.3 Kalleshwar

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3 C.A. No. 8126/2019

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Shivkumar Balkunde is teaching Biology subject as well as applicant No.4 is teaching Physics subject. Applicant No.4 Pravin Subhashrao Choudhari is teaching Physics subject in the Higher Secondary School, namely, Changala Mata Higher Secondary Ashram School at village Janapur Taluka Udgir District Latur. Respondent No.4 is the society running the said school, namely, Sangameshwar Shikshan Sanstha, Kawalkhed Taluka Udgir District Latur. In support of his submission, Mr. patil also invited our attention to the list of the Ashram Schools referred to in the Government Resolution dated 8^th March 2019, wherein name of respondent No.4 Education institute finds place at serial No.10 and the reference is made to the Higher Secondary School, being run by the Institute at Janapur Taluka Udgir for Arts and Science streams. Considering these facts, we find considerable merit in the submissions of the learned Counsel that the applicants are identically circumstanced with the petitioners in Writ Petition No. 8614 of 2017.

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Accordingly, the application is disposed of and, in turn, the writ petition also is disposed of, with liberty to the petitioners to pursue the respective State authority, like the District Social welfare Officer or the Divisional Deputy Commissioner, Social Welfare Division, Latur, as the case may be,

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4 C.A. No. 8126/2019

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for accommodation/approval of these petitioners in the Ashram Schools against the subjects as stated in the resolution. The petitioners may submit their claims either personally or through their institute for grant of approval and payment of salary to the respective authority of the State of Maharashtra and the State Authorities to consider the claims of the petitioners as expeditiously as possible, needles to state, on the merits of the claim.

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( R. G. AVACHAT ) ( PRASANNA B. VARALE ) JUDGE JUDGE.

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Madkar

Balaji Pandurang Biradar and Others v. the State of Maharashtra and Others

Case brief

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Balaji Pandurang Biradar and Others v. the State of Maharashtra and Others

Case brief

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