Sharad Nagnath Bubne vs Dinesh Waghmare through the… — Contempt of Court | Bombay HC (2025)

Sharad Nagnath Bubne vs Dinesh Waghmare through the… — Contempt of Court | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interlocutory direction only: notice under the Contempt of Courts Act ordered to be issued to Respondent Nos.1 and 3, returnable on 18 August 2025, with liberty to the Accused/Contemnors to file Affidavits in Reply at least one week before the returnable date; final disposal awaited.

Issue for consideration

Whether Respondent Nos.1 and 3 would make a declaration/statement committing to implementation of the judgment dated 19 April 2024 of the Writ Court (granting pensionary benefits and gratuity with arrears), so as to purge the contempt. +1 more

Court's answer

Respondents Nos.1 and 3 were found to be not willing to make any statement to purge the contempt (no commitment given to implement the judgment dated 19 April 2024); accordingly they were treated as Accused/Contemnors.

Ratio / Principle

Notice under the Contempt of Courts Act, in the format prescribed, was ordered to be issued to Respondent Nos.1 and 3, returnable on 18 August 2025.

Key takeaways

The two Accused/Contemnors (Respondent Nos.1 and 3) were granted liberty to enter their Affidavit in Reply at least one week prior to the returnable date.ratio¶¶32

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Ravindra V. Ghuge & Gautam A. Ankhad, JJ.), 14 July 2025 — Contempt Petition No.273 of 2025 in Writ Petition No.4597 of 2018, Sharad Nagnath Bubne & Ors. v. Dinesh Waghmare, Through the Principal Secretary, Medical Education and Drugs Dept. The petitioners seek implementation of the Writ Bench judgment dated 19 April 2024, which had quashed the Government decision dated 5 January 2022 denying pension and gratuity to employees of aided Ayurvedic educational institutions who took voluntary retirement after qualifying service (held arbitrary, ultra vires and infringing Article 14), and had directed (Para 49(b)-(c)) payment to the petitioners (except Petitioner No.7) of all pensionary benefits and gratuities with arrears per Government Resolution dated 10 August 2016 within twelve weeks, arrears carrying 6% interest until payment. Petitioners' counsel placed on record Government Resolution dated 13 May 2025 (Medical Education and Drugs Department) recording the State's policy decision to abide by the writ directions (marked X-1). The Additional GP, on instructions taken from Respondent No.3 during the lunch recess, submitted that Respondent No.3 could not declare when the judgment would be implemented; petitioner's counsel stated Respondent Nos.1 and 3 would ultimately be responsible for implementation. Since these respondents were not willing to make any statement to purge the contempt, the Court ordered issuance of notice under the Contempt of Courts Act, in the prescribed format, to Respondent Nos.1 and 3, returnable on 18 August 2025, with liberty to file Affidavits in Reply at least one week prior to the returnable date.

12-CP--273-2025.odt

rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.273 OF 2025

IN

WRIT PETITION NO.4597 OF 2018

Sharad Nagnath Bubne & Ors. .. Petitioners

vs.

Dinesh Waghmare Through the Principal Secretary Medical Education and Drugs Dept.

.. Respondent

Mr.Nikhil Patil i/b Mr.P.M. Jadhav for the Petitioners. Mr.P.P. Kakade, Addl. GP a/w Mr.S.B. Kalel, AGP for the State. Mr.Neel Helekar for Respondent No.4.

CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ

DATE : 14^th JULY, 2025.

P.C.

We have perused the Judgment dated 19^th April, 2024

passed by the Writ Bench in Writ Petition No.4597/2018, more specifically, the conclusions set out in Paragraph Nos.47, 48 and the directions in Paragraph No.49, which read as under :

Digitally signed RAJSHREE by RAJSHREEKISHOR MORE KISHOR Date: MORE 2025.07.18 10:07:05 +0530

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12-CP--273-2025.odt

“47. It is not permissible for the State to classify the employees of aided Ayurvedic Colleges and Hospitals who have taken voluntary retirement after completing qualifying service separately from those who have retired on superannuation. Similarly, it is not permissible to classify the employees of Ayurvedic Colleges who have taken voluntary retirement after completing qualifying service separately from the employees who have taken voluntary retirement after qualifying service in other aided Colleges. The distillation that the Respondents are trying to make is completely arbitrary and goes against the judicial pronouncement that have been referred to above.

In conclusion, the decision dated 5 January 2022, being arbitrary, contrary to the decisions of the Court, and offending the equality clause enshrined under Article 14 of the Constitution of India, is required to be quashed and set aside. A case for issuing a mandatory direction is made out.

49.In light thereof, the following directions are issued:

a) It is declared that the Resolution/ decision dated 5 January 2022 denying the benefits of pension and gratuity to the employees working in Ayourvedic aided Educational Institutions who have taken voluntary retirement after qualifying service is arbitrary and ultra vires and infringing Article 14 of the Constitution of India. The Resolution/Decision dated 5 January 2022 is quashed and set aside.

b) It is declared that the Petitioner (except Petitioner No. 7) are entitled to all the pensionary benefits and gratuities as per the Government Resolution dated 10 August 2016 with arrears, as applicable to the other employees of the aided Ayurvedic Colleges listed in Annexure B to Government Resolution dated 10 August 2016 who have retired on superannuation.

c) The Respondent shall disburse the pensionary benefits and gratuity with arrears to the Petitioners (except Petitioner No. 7) within twelve weeks from today. Thereafter, the amount of arrears will carry 6 per cent interest until payment.”

The learned Advocate for the Petitioner has placed before us

a copy of the recent Government Resolution dated 13^th May, 2025 issued by the Medical Education and Drugs Department, Government of

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12-CP--273-2025.odt

Maharashtra, wherein, the State Government has taken a policy decision to abide by the directions of the Writ court, reproduced above. The same is marked as ‘X-1’ for identification.

The learned Addl. GP submits that he has taken instructions from Respondent No.3 during the lunch recess. Respondent No.3 is not in a position to make a declaration as to when would the Judgment of this Court dated 19^th April, 2024, be implemented. The learned Advocate for the Petitioner submits that ultimately Respondent No.1 and 3 would be responsible for the implementation of the order of the Writ Court.

Since these Respondents are not willing to make any statement to purge the contempt, issue notice under the Contempt of Courts Act, in the format prescribed, to Respondent Nos.1 and 3, returnable on 18^th August, 2025 . These two Accused/Contemnors are at liberty to enter their Affidavit in Reply, at least one week prior to the returnable date in this matter.

(GAUTAM A. ANKHAD, J)

(RAVINDRA V. GHUGE, J.)

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