Smt. Malutai Narayan Butke And 3 ... vs The State Of Maharashtra, Through ...
2017 Latest Caselaw 4821 Bom

                                                   1              J-WP-1681-11.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR

                          WRIT PETITION NO.1681/ 2011

 1. Smt. Malutai Narayan Butke,
    Aged about : 47 yrs. Occu : Service,
    R/o Vishwashanti Nagar, Yavatmal.
    (Pimpalgaon Road), Tah : and Dist.
    Yavatmal.

 2. Ashok Namdeorao Kotrange,
    Aged about : 47 yrs; Occu : Service,
    R/o Savitribai Society, Yavatmal.

 3. Digambar Pandurang Borkar,
    Aged about : 47 yrs; Occu: Service,
    R/o Vitthalwadi, Patange Lay out,
    Yavatmal.

 4. Ashok Keshavrao Gadekar,
    Aged about : 47 yrs; Occu: Service,
    R/o Bagar Nagar, Yavatmal.                          ..... PETITIONERS

                               ...V E R S U S...

 1. The State of Maharashtra,
    Through it's Secretary,
    Medical Education and Research
    Department, Mantralaya,
    Mumbai - 32.

 2. Director of Medical Education and
    Research Department, Govt. Dental
    College Buldg. 4Th Floor, Fort,
    Mumbai - 01.

 3. Vasantrao Naik Government Medical
    College and Hospital, Yavatmal,
    through Dean.

 4. Bhaskar Rambhau Chaudhari,
    Aged about : Major.

 5. Manoj Sheshrao Waghulkar,
    Aged about : Major.




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 6. Gajanan Nanji Hajare,
    Aged about : Major.

 7. Smt. Nanda Duryodhan Kumbhare,
    Aged about : Major.

 8. Omprakash Ramji Vetti,
    Aged about : Major.

      R/o Nos.4 to 8 all R/o C/o
      Vasantrao Naik Government
      Medical College, Yavatmal.                                  ... RESPONDENTS

 -------------------------------------------------------------------------------------------
 Shri R. V. Vaidya, Adv. H/f Shri Anand Parchure, Adv. for the petitioners.
 Mrs. M.S.Naik, AGP for the respondent Nos.1 to 3.
 -------------------------------------------------------------------------------------------


                                  CORAM:-    
                                             SMT. VASANTI  A  NAIK &
                                                 ARUN D. UPADHYE, JJ.

DATED :-

20/07/2017.

ORAL JUDGMENT : (Per Smt. Vasanti A Naik, J.)

By this writ petition, the petitioners challenge the order

of the Maharashtra Administrative Tribunal, Nagpur, dated 11 th March,

2011 dismissing the original application filed by the petitioners.

The petitioners were appointed as Ward Boys / Ayas on

ad hoc basis in Vasantrao Naik Government Medical College and

Hospital, Yavatmal in the year 1994. The services of the petitioners

were continued by the respondent No.3 as their services were required

by the same. According to the petitioners, the services of the petitioners

ought to have been regularized and / or they could not have been

3 J-WP-1681-11.odt

replaced by another ad-hoc employees. It is case of the petitioners that

since the petitioners are working with the respondent No.3 for nearly

25 years, they cannot be replaced by other ad-hoc employees.

Shri Vaidya, the learned counsel for the petitioners

submitted that since the petitioners are working with the respondent

No.3 since in the year 1994 and the services of the petitioners are

required by the respondent No.3, the respondent No.3 cannot issue an

advertisement and appoint Ward Boys and Ayas on ad-hoc basis. It is

submitted that though the services of the petitioners could not be

regularized, the services need to be continued till the age of their

retirement, as they are about to retire within a span of about 4 - 5

years. It is stated that an ad-hoc employee may not be replaced by

another ad-hoc employee.

Mrs. Naik, the learned Assistant Government Pleader

appearing for the respondent Nos.1 to 3 has supported the order of the

Tribunal. It is however fairly admitted on instructions that the

petitioners are still working in respondent No.3 - college as Ward Boys

and Ayas on ad-hoc basis. It is submitted that the petitioners' services

cannot be regularized and the order of the Tribunal in that regard is just

and proper.

Since the prayer made on behalf of the petitioners that they

should not be replaced by the other ad-hoc employees is limited, the

prayer needs to be granted, as the petitioners are working as Ward Boys

4 J-WP-1681-11.odt

and Ayas on ad-hoc basis for more than 25 years and almost all the

petitioners would attain the age of retirement within 4 or 5 years. If

that be so, it would not be just on the part of the respondent No.3 to

replace the petitioners by other ad-hoc employees. The limited prayer

made on behalf of the petitioners to continue them till they attain the

age of retirement or regular appointments are made on the post of

Ward Boys and Ayas is just and proper.

Hence, for the reasons aforesaid, the writ petition is partly

allowed. The impugned order is modified. The respondent No.3 is

restrained from replacing the petitioners by other ad-hoc employees.

The respondent No.3 may consider continuing the petitioners on ad-hoc

basis till they attain the age of superannuation.

Rule is made absolute in aforesaid terms with no order as to

costs.

                      JUDGE                                    JUDGE




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