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2016 DIGILAW 1083 (BOM)

Shobhana Sikshan Sanstha v. State of Maharashtra

2016-06-27

S.S.SHINDE, SANGITRAO S.PATIL

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JUDGMENT : S.S. SHINDE, J. 1. The learned counsel appearing for the respective petitioners in the respective Petitions undertake to deposit the deficit court fees, if any, within three weeks from today. 2. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties. 3. Heard the learned counsel appearing for the respective petitioners. It is submitted by them that the concerned Respondent Authorities have made assessment of the expenditure incurred by them in respect of the years concerned and after assessment, the orders have been issued indicating the amount therein, for which the petitioners are entitled as per the Government policy. The petitioners have placed on record copies of the assessment orders signed by the respondent authorities concerned. It is submitted that though there is assessment from the year 2011 onwards, as a matter of fact, the amount for which the petitioners are entitled, has not been disbursed in favour of the petitioners. It is submitted that the concerned Department has disbursed the amount to various similarly situated institutions, relying upon the assessment orders. Therefore, the learned counsel appearing for the petitioners jointly submit that the Respondents may be directed to disburse the amounts, due and payable as per the Assessment Orders, which are placed on record with the Writ Petitions, after verifying the original record maintained by the office of the concerned respondents. 4. On the other hand the learned A.G.P. appearing for the Respondent/State submits that the Departments of Planning and Finance have not approved the proposals forwarded by the concerned Department i.e. the Department of Woman and Child Development, for sanction and disbursement of the amount, and the said Departments have raised certain queries. He prays that the hearing of these Petitions may be deferred and six weeks time may be given to the Respondent/State, so as to carry out reassessment and also ask the concerned department to cure the deficiencies/clear the doubts pointed out by the Planning and Finance Departments. 5. We have heard the learned counsel appearing for the petitioners and learned A.G.P. appearing for the Respondent/State. With their able assistance, we have perused the pleadings in the Petitions and annexure thereto. 6. It is not in dispute that the concerned Department by making budgetary provision after issuing Government Resolution has disbursed substantial amount in favour of some of the institutions similarly situated like the petitioners. With their able assistance, we have perused the pleadings in the Petitions and annexure thereto. 6. It is not in dispute that the concerned Department by making budgetary provision after issuing Government Resolution has disbursed substantial amount in favour of some of the institutions similarly situated like the petitioners. It, prima facie, appears that there is some difference of opinion between the concerned Department i.e. Department of Woman and Child Development on one hand and the Departments of Planning and Finance on the other about disbursement of the amounts claimed. It is an internal matter of the State Government and all the concerned in the process will have to resolve the same at their level. Therefore, we are of the opinion that the ends of justice would be met in case the Chief Secretary, Government of Maharashtra is directed to look into the subject matter of these Writ Petitions and direct the concerned departments to ensure the disbursement of amounts as per the entitlement of the petitioners, after verifying the original record maintained by the concerned Respondent Authorities, who have issued the assessment orders in favour of the petitioners and also similarly situated institutions throughout the State, and if necessary, also by verifying the record maintained by the petitioners institutions, as expeditiously as possible, and preferably within 10 weeks from today, and those institutions who are found eligible as per government policy then prevailing, the amounts should be disbursed to them within two weeks thereafter. However, the entire exercise should be done within 12 weeks from today. We make it clear that the Heads of the Departments of Woman and Child Development, Planning and Finance Department and the Chief Secretary, Government of Maharashtra would be jointly responsible for implementation of the directions issued hereinabove. 7. With the above observations/directions, all the Writ Petitions stand disposed of. 8. Rule is made absolute in the above terms. 9. The parties shall act upon authenticated copy of this order. 10. Pending Civil Applications, if any, same stand disposed.