IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 7328 OF 2007 WRIT PETITION NO. 7328 OF 2007 WRIT PETITION NO. 7328 OF 2007 Shree S.P. Jagtap Guruji Muk Badhir ] Vidya Prasarak Mandal ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents ALONGWITH ALONGWITH ALONGWITH WRIT WRIT WRIT PETITION NO. 7329 OF 2007 PETITION NO. 7329 OF 2007 PETITION NO. 7329 OF 2007 Amar Education Society at Solapur ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents WITH WITH WITH WRIT WRIT WRIT PETITION NO. 7331 OF 2007 PETITION NO. 7331 OF 2007 PETITION NO. 7331 OF 2007 Solapur Zilla Samajik Karya Samiti ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents WITH WITH WITH WRIT WRIT WRIT PETITION NO. 7351 OF 2007 PETITION NO. 7351 OF 2007 PETITION NO. 7351 OF 2007 Jhiwalal Society for Mentally Handicap ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents WITH WITH WITH WRIT WRIT WRIT PETITION NO. 7353 OF 2007 PETITION NO. 7353 OF 2007 PETITION NO. 7353 OF 2007 Rajiv Smruti Bahuuddeshia Sanstha ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents AND AND AND WRIT WRIT WRIT PETITION NO. 7354 OF 2007 PETITION NO. 7354 OF 2007 PETITION NO. 7354 OF 2007 Indian Red Cross Society ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents : 2 : Mr. Uday P. Warunjikar for the petitioners. Mr. A.I. Patel, AGP, for the respondents. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 6TH JUNE, 2008 P.C. : 1. Heard both sides. 2. The petitioners have approached this court for consideration of their proposal for approval of the staff appointed in the various schools/institutions of the disabled persons in view of the Government Resolution dated 18th August, 2004. While taking cognizance of the grievance of the petitioners, we have noted that several such proposals of the schools/institutions of the disabled persons are pending with the Commissioner for Disability and the Government since 2004 and as the matter pertains to the appointments/approval of staff of the schools/institutions of the disabled persons, we called upon the Government to submit information in respect of all such institutions. 3. What is important to be noted is that the : 3 : Government has provided a new staffing pattern for the schools / institutions of the disabled persons by Government Resolution dated 18th August, 2004, and some other Government Resolutions. What is the new staffing pattern is not required to be mentioned here. Directions have been given by the Government that as per the new staffing pattern, the old institutions/schools of the disabled persons shall be evaluated and the staff eligible to be maintained as per the new staffing pattern and the staff which has become surplus in view of the new staffing pattern is to be first tried to be evaluated by the Commissioner of Disability and thereafter the joint proposal in this aspect has to be submitted to the Government. 4. We are told that this report has been submitted by the Commissioner to the Government on 30th January, 2008, wherein it was shown that 2714 staff members in Maharashtra State is surplus staff. Taking into consideration the large number of staff members having become surplus, the Government has referred back the matter to the Commissioner of Disability to find out how many persons from the said staff can be absorbed in the existing institutions/schools or the new institutions/ schools. Further steps in this regard are required to be taken by the Commissioner of Disability : 4 : and the Government. 5. What we find, after having gone through the said Government Resolution, is that it is obligatory for the Commissioner for Disability to inform each of the existing such schools/institutions for the disabled persons, the number of staff members which are admissible and the number of staff members which are declared surplus according to the new staffing pattern. The Commissioner is to further inform the said schools/institutions that the posts occupied by staff members which are declared to be surplus shall not be filled in by the said institutions when the posts become vacant as a result of resignation and/or as a result of retirement and/or for any other reason. 6. The issue of excess members of the staff viz. 2714 is required to be resolved by the Government. The Government can resolve the said issue in any of the following manner : (i) Continue the surplus staff in the employment of the said institutions on grantable basis till their retirement and/or resignation and/or otherwise removal by the : 5 : Management; OR (ii) The Government may decide to absorb the surplus staff in the vacancies which will arise in the existing schools/institutions and/or in the schools/institutions newly granted by the Government. Till such absorption, they may be continued in the existing institutions and posts; OR (iii) The Government may decide to absorb them in the service of other departments where the vacancies are available, suitable to them; OR (iv) The Government may decide to retrench them from service keeping them on the waiting list to be absorbed whenever vacancies are available in the old schools/institutions as per the new staffing pattern. : 6 : (v) What decision is to be taken in his regard is a prerogative of the Government. However, we find that the issue is pending since 2004 we issue following directions: (a) The Government shall take the decision either way or take any other decision as would be suitable to them in this regard within a period of two months from today. (b) The said decision shall be taken in concurrence with the Finance Department. It is made expressly clear that the Finance Department shall not try to prolong the issue unnecessarily and the Finance Department will decide all the issues within a period of two weeks. (c) The Commissioner of Disability shall implement the Government decision within a period of three months after such decision is taken by the Government and complete the issue of implementation of the new staffing pattern. : 7 : (d) We make it clear that no extension in this regard will be granted by this court either to the Government or to the Commissioner because the Government has already exhausted inordinate time in implementation of the new staffing pattern. 6. In the light of the above directions, the Writ Petitions stand disposed of. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]