Bombay High Court
Sudhakar Uttamrao Kingre vs The State Of Maharashtra And ... on 30 August, 2016
Bench: S.V. Gangapurwala
WP 9787/15
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9787/2015
Sudhakar S/o Uttamrao Kingre,
Age-38 yrs., Occ.-Service,
R/o House No.36, Mahada Colony,
Infront of ST Workshop, Gangakhed Road, Parbhani.
...... PETITIONER
VERSUS
1. The State of Maharashtra,
Through the Principal Secretary,
Urban Development Department,
Mantralaya, Mumbai-32.
2. The Directorate of Municipal Administration,
Graha Nirman Bhavan (MHADA),
1st floor, Bandra (E),Mumbai-051.
3. The Regional Directorate of Municipal
Administration,Aurangabad Division,
Aurangabad.
The Divisional Commissioner's Office.
Aurangabad.
4. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
5. The Collector,
Parbhani, Dist.Parbhani.
6. The Municipal Corporation, Parbhani,
Dist.Parbhani (through its Commissioner)
... RESPONDENTS
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Shri V.M.Humbe, Advocate for Petitioner.
Smt.M.A.Deshpande, AGP for Respondent Nos.1 to 5.
Shri S.S.Bora, Advocate for Respondent No.6.
CORAM: S.V. GANGAPURWALA &
K.L. WADANE, JJ.
DATE: 30.08.2016
ORAL JUDGMENT (Per Gangapurwala, J.) :
1] Heard learned counsel for the parties. Rule.
Rule made returnable forthwith and with the consent of
learned counsel for the parties, the petition is taken
for final disposal at this stage.
2] The petitioner assails the order passed by the
Regional Directorate of Municipal Administration,
Aurangabad Division, thereby rejecting the petitioner's
claim for regularization of his services as a Clerk
(Class-III) post. The petitioner further seeks
directions to regularize his services as Class-III
employee with effect from 31.8.2001.
3] Learned counsel for the petitioner submits that
the petitioner was appointed with the erstwhile Municipal
Council, Parbhani, in the year 1992 as a Clerk on daily
wages. Since then, the petitioner is continuously
working as a Clerk. In October, 1993, the petitioner
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passed his S.S.C. examination and certificate to that
effect is issued on 31.12.1993. According to the learned
counsel, as per the scheme promulgated in the year 2001,
those persons, who were working as Clerks on daily wages,
were regularized and absorbed as Clerks with effect from
the year 2001. However, the petitioner was regularized
as Peon and not as Clerk vide order dated 27.9.2001. The
petitioner represented to the respondents that the
petitioner is working as Clerk and as such should have
been regularized as Clerk and not as Peon. The
Municipal Council, Parbhani, vide its letter dated
11.9.2003 communicated to the respondent nos.3 and 5 that
the petitioner is working as Clerk on daily wages since
27.10.1992. He became permanent on 27.9.2001 and is
working as Clerk and as such recommended regularization
of services of the petitioner on Class-III post.
According to the learned counsel, vide the impugned
order, the contention of the petitioner is negatived on
the ground that on the date of appointment of the
petitioner on daily wages as Clerk, the petitioner was
not holding the qualification of S.S.C. The petitioner
had acquired the qualification of S.S.C. Much prior to
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regularization. As such, as per the scheme in force, the
petitioner ought to have been regularized as Clerk on
Class-III post.
4] Learned AGP states that the Commissioner, after
considering the fact that on the date of appointment, the
petitioner was not possessing the qualification necessary
for Clerk, was regularized on Class-IV post. According
to the learned AGP, on the date when the petitioner
joined the services, so also on the cut-off date i.e.
10.3.1993, as the petitioner was not possessing the
necessary educational qualification, the case of the
petitioner is rightly negatived by the Divisional
Commissioner. 10.3.1993 is the cut-off date i.e. those
who are employed on daily wages prior to 10.3.1993, were
eligible for the scheme of regularization.
5] Learned counsel for the respondent no.6 -
Municipal Corporation submits that the Corporation has in
fact recommended the proposal of the petitioner for
regularization on Class-III post.
6] We have considered the submissions.
7] The factual matrix is not disputed. The
petitioner was appointed as Clerk on daily wages with the
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erstwhile Municipal Council, Parbhani, on 27.10.1992.
The petitioner was issued the certificate of having
passed S.S.C. On 31.12.1993. On 10.3.1993, the
petitioner did not possess the qualification of S.S.C.
As per the scheme formulated in the year 2001 by the
respondents, those persons who were appointed on daily
wages prior to 10.3.1993, were to be regularized even by
creating supernumerary posts. The petitioner is
regularized in the year 2001 under order dated 27.9.2001
as a labour on Class-IV post. The proposal thereafter
was forwarded by the respondent no.6 - Corporation to
consider the case of the petitioner for regularization
for the post of Clerk as the petitioner had secured
S.S.C. Certificate in December, 1993.
8] It is not disputed by any of the parties that
the petitioner has passed his S.S.C. examination and
certificate to that effect is issued in December, 1993.
It is also not disputed by any of the parties that the
petitioner is performing his duties as Clerk since the
date of his appointment and till date. The scheme for
regularization has been formulated in the year 2001.
Those who were working on the said date and appointed
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prior to 10.3.1993 are regularized in service. The
contention of the respondent - State is that on the cut-
off date, the petitioner was not possessing the
qualification for the Class-III post i.e. not having
passed S.S.C. examination, was not considered for
regularization as Clerk.
9] The entire factual matrix unequivocally
establishes that in December, 1993, the petitioner was
holding the certificate of S.S.C. i.e. the necessary
qualification required for the post of Clerk. The
regularization policy was brought in force in 2001. On
the said date, the petitioner was performing the work of
Clerk and also possessing the necessary qualification of
Class-III post. Considering the above, there was no
impediment for the respondents to regularize the
petitioner as Clerk. Even otherwise, the regularization
was to take effect from the year 2001 only and not prior
to that and on the said date, the petitioner was
possessing the necessary qualification.
10] In the light of the above, the impugned order is
quashed and set aside. The respondents shall regularize
the services of the petitioner as Clerk (Class-III post)
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since the year 2001. The petitioner as such shall be
considered to have been regularized as Clerk in the year
2001 for all future benefits including retiral benefits.
11] Rule is made absolute accordingly in above terms
with no order as to costs.
(K.L. WADANE, J.) ig (S.V. GANGAPURWALA, J.)
ndk/c3081631.doc
