BHAWANA GULABRAO PATIL v. THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS
Case Details
1 32-WP-12382-2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 32 WRIT PETITION NO.12382 OF 2022 BHAWANA GULABRAO PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 34 WRIT PETITION NO.12384 OF 2022 VAISHALI DEORAM PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 44 WRIT PETITION NO.12485 OF 2022 ANIL ASHOK BHALERAO VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 45 WRIT PETITION NO.12486 OF 2022 SHEETAL PANDHARINATH PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 46 WRIT PETITION NO.12487 OF 2022 BHUSHAN DIGAMBAR PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 52 WRIT PETITION NO.12523 OF 2022 SANDIP ASHOK PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS 2 32-WP-12382-2022.odt … AND 59 WRIT PETITION NO.12538 OF 2022 MINA PUNDLIK BAGAL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 60 WRIT PETITION NO.12539 OF 2022 AJAY DAGA MAHALE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 65 WRIT PETITION NO.12548 OF 2022 SMITA JAYWANTRAO PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 66 WRIT PETITION NO.12549 OF 2022 SHARAD PRAKASH PAWAR VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 67 WRIT PETITION NO.12550 OF 2022 KAMAL REVANANDAN PATIL VERSUS THE UNION OF INDIA THROUGH TS SECRETARY AND OTHERS … 68 WRIT PETITION NO.12551 OF 2022 NITIN JAGANNATH DESALE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 3 32-WP-12382-2022.odt 69 WRIT PETITION NO.12552 OF 2022 SAGAR GIRDHAR THAKUR VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 70 WRIT PETITION NO.12553 OF 2022 JITENDRASING JAYSING GIRASE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 101 WRIT PETITION NO.12598 OF 2022 SARIKA RAJENDRA PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 109 WRIT PETITION NO.12614 OF 2022 DIPAK SHIVAJI PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 116 WRIT PETITION NO.12623 OF 2022 DNYANESHWAR SURESH PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 118 WRIT PETITION NO.12626 OF 2022 BHATU NATTHU GIRASE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 4 32-WP-12382-2022.odt 130 WRIT PETITION NO.12643 OF 2022 DHANRAJ SUBHASH MORE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 1 WRIT PETITION NO.12115 OF 2022 YASHWANT BHILA SONWANE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 2 WRIT PETITION NO.12184 OF 2022 HARSHA SAHEBRAO PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 3 WRIT PETITION NO.12185 OF 2022 VIJENDRA DILIP SURYAWANSHI VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 4 WRIT PETITION NO.12186 OF 2022 DEEPANJALI PRAVINSINGH GIRASE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 5 WRIT PETITION NO.12204 OF 2022 ARCHANA GULABRAO NIKAM VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 6 WRIT PETITION NO.12217 OF 2022 5 32-WP-12382-2022.odt VIRENDRASING RAJESING GIRASE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 7 WRIT PETITION NO.12230 OF 2022 TEJESH BHALERAO SONAWANE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 8 WRIT PETITION NO.12233 OF 2022 PRATIKSHA DILIP PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 9 WRIT PETITION NO.12248 OF 2022 GAYATRI SUDHAKAR DEORE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 10 WRIT PETITION NO.12249 OF 2022 DINESH ANNAJI DEORE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 11 WRIT PETITION NO.12251 OF 2022 PALLAVI VIJAY MALOKAR VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 12 WRIT PETITION NO.12252 OF 2022 6 32-WP-12382-2022.odt MANOHAR DAGADU DESALE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 13 WRIT PETITION NO.12255 OF 2022 MEENA RAMSING GIRASE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 14 WRIT PETITION NO.12256 OF 2022 MAMTA RAMSING GIRASE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 16 WRIT PETITION NO.12713 OF 2022
Legal Reasoning
JAYASHRI DHANRAJ PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 17 WRIT PETITION NO.12714 OF 2022 SARIKA ABHIMANYU PATIL VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … AND 18 WRIT PETITION NO.12715 OF 2022 RAJASHREE NARAYAN GITE VERSUS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS … Advocate for the petitioner/s: Ms. Kazi Sabahat T. AGPs for Respondents/State: Mr. S. G. Karlekar, Mr. S. G. Sangle, Mrs. R. P. Gour, Mr. P. S. Patil and Mr. S. K. Tambe 7 32-WP-12382-2022.odt Advocates for Respondent/Union of India: Mr. R. B. Bagul, Mr. M. A. Golegaonkar, Mr. S. S. Deve, Smt. Sudha S. Chintamani, Smt. Nikita N. Gore, Mr. R. R.Bangar, Mr. S. W. Munde, Mr. D. B. Gaikwad and Mr. B. M. Dhanure ... CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ. DATE : 12th December, 2022 PER COURT : 1. When all the above matters were taken up for adjudication, we were informed that a group of matters, which were on board dated 05.12.2022, were not on board today. Therefore, by consent of the parties, these matters are taken on board today. 2. The learned Advocates representing the litigating parties before us submit that in identical set of facts, this Court has passed an order dated 29.09.2022, in Writ Petition No.9927/2022, filed by Bhausaheb Popat Patil Vs. The Union of India & Others [a group of cases]. A similar group was subsequently decided vide order dated 30.09.2022, in Writ Petition No.9686/2022, filed by Shaikh Rashid Shaikh Ibrahim Manyar Vs. The Union of India & Others [a group of cases]. Yet another group of cases were also decided vide order dated 18.08.2022, in Writ Petition No.8156/2022, filed by Bhaiyasaheb Jijabrao Ahire Vs. The Union of India & Others [a group of cases]. This Court has, thereafter, passed several orders in identical set of facts. 8 32-WP-12382-2022.odt 3. We have perused the compilation of the orders passed by this Court, produced by the learned Advocate for the petitioners. Since all these petitioners are identically placed, we are not required to pass separate orders. As such, we deem it appropriate to issue the same directions. 4.
Decision
In view of the above and for the reasons recorded in the case of Bhausaheb Popat Patil (Supra), Shaikh Rashid Shaikh Ibrahim Manyar (Supra) and Bhaiyasaheb Jijabrao Ahire (Supra), these petitions are disposed off with the same directions which are reproduced here under:- A) The ready reference chart of calculations produced in these petitions at the last page with the title “izi=&c” contains the calculations of the petitioners and refers to their arrears as well as the salary structures / fixation. These calculations would be considered by the respective Deputy Directors of Education. B) The respondents/ authorities shall collect similar data from other similarly situated petitioners/ candidates, who have/ have not approached the Court and the collection of such data would be completed by 31.01.2023. C) Thereafter, the respondents shall conduct the verification exercise by comparing the data received from the candidates/petitioners and 9 32-WP-12382-2022.odt the data prepared by their own departments and then confirm the records as regards the pay-scales of these candidates/ petitioners and the arrears of amount they have to be paid. This exercise will be concluded by 31.03.2023. D) Pursuant to the above, the payment of the arrears would be commenced and would be concluded by 31.05.2023. E) In those cases, which are undisputed as on date, the respondents agree to commence their regular monthly salary within 30 days. F) Needless to state, after the above exercise is completed, if any of the petitioners or similarly situated candidate/s is/are aggrieved by the calculations and the amounts paid, they would be at liberty to avail of a remedy as may be permissible in law. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) Sameer