Shree Saibaba Sansthan Shirdi Thr Its I/C Adm. Officer vs. The State Of Maharashtra

CA/3640/2024HC BombayGSTCNR HCBM03014762202409 May 2024Bench: HON'BLE SHRI JUSTICE RAVINDRA V. GHUGE,HON'BLE SHRI JUSTICE R. M. JOSHI2 pages
AI SummaryAllowed

Held

The Court allowed the Civil Application in terms of prayer clause (B). The applicant, Shree Saibaba Sansthan Shirdi, was permitted to implement Resolution No. 152 dated 05.03.2024 for the extension of the contract for supplying unskilled and skilled contract workers. The Court noted that the Resolution was approved by the learned Principal District Judge, Ahmednagar, who chairs the Ad-hoc Committee. The judgment also recorded the monthly remuneration for unskilled workers (Rs. 27,658/- inclusive of GST) and skilled workers (Rs. 30,081/- inclusive of GST). The reasoning for allowing the application is based on the approval of the resolution by the relevant authority (Principal District Judge as Chairman of the Ad-hoc Committee) and the stated purpose of extending the contract for essential services. The ratio decidendi is that administrative decisions approved by the designated ad-hoc committee, concerning the continuation of services and expenditure, will be permitted by the Court in the context of a PIL, provided they appear reasonable and have the necessary endorsements. No issues were expressly left undecided.

Facts

The applicant, Shree Saibaba Sansthan Shirdi, through its I/C Adm. Officer, filed a Civil Application (No. 3640 of 2024) in a Public Interest Litigation (PIL/98/2021) before the Bombay High Court, Aurangabad Bench. The Sansthan sought permission to implement Resolution No. 152 dated 05.03.2024. This resolution concerned the extension of a contract for supplying unskilled and skilled contract workers at the same rates. The approximate expenditure for this extension, until 30.06.2024, was stated to be Rs. 10,50,00,000/-. The Resolution was approved by the learned Principal District Judge, Ahmednagar, who is the Chairman of the Ad-hoc Committee. The judgment notes that unskilled workers are paid Rs. 27,658/- per month, inclusive of GST, and skilled workers are paid Rs. 30,081/- per month, inclusive of GST.

Key Issues

1. Whether the Court should permit the implementation of Resolution No. 152 dated 05.03.2024 for the extension of the contract for supplying unskilled and skilled contract workers, as sought by the applicant (Shree Saibaba Sansthan Shirdi)? Petitioner's Argument: The petitioner, Shree Saibaba Sansthan Shirdi, through its I/C Adm. Officer, sought permission to implement Resolution No. 152 dated 05.03.2024. This resolution pertains to extending the contract for supplying unskilled and skilled workers at existing rates, with an approximate expenditure of Rs. 10,50,00,000/- until 30.06.2024. The petitioner implicitly argued for the necessity and propriety of this extension, as it was approved by the Ad-hoc Committee. Revenue/State's Argument: No specific argument is recorded for the Revenue or State in the provided judgment excerpt. The State Government is represented by Mr. A. B. Girase, G.P., but their contentions are not detailed.

AI-generated summary — verify with the full judgment below

3640.

24ca (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CIVIL APPLICATION NO. 3640 OF 2024 IN PIL/98/2021 SHREE SAIBABA SANSTHAN SHIRDI THR ITS I/C ADM. OFFICER VERSUS THE STATE OF MAHARASHTRA …. Mr A. S. Bajaj, Advocate for Applicant Mr Saurabh P. Veer, Advocate h/f Talekar and Associates for Petitioner in PIL Mr A. B. Girase, G.P. for Respondents/State

CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 9th May, 2024 PER COURT:

1.

The Applicant/Shirdi Sansthan has put forth prayer clause (B), as under :- “(B) The Applicant may kindly be permitted to implement the Resolution No. 152 dtd. 05.03.2024 for extension of the contract of the earlier contractor supplying the Unskilled and Skilled contract workers on the same rates for which an approx. amount of Rs.10,50,00,000/- is required to be spent till 30.06.2024.” 2024:BHC-AUG:10343-DB

3640.

24ca (2)

2.

We have perused the Resolution No.152. We are informed that the learned Principa

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