Bombay High Court
Shubhangi Nagesh Deshmukh vs State Of Maha & Ors on 9 June, 2017
Bench: T.V. Nalawade
WP No. 706/04
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IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 706 OF 2004
Mrs. Shubhangi w/o. Nagesh Deshmukh,
Age 38 years, Occu. Nil,
R/o. 44, Arunoday Colony,
Near Datta Mandir,
Beed By-pass Road, Satara Parisar,
Aurangabad. ....Petitioner.
Versus
1. The State of Maharashtra
(Through its Secretary,
Social Justice, Cultural Affairs,
Sports & Special Assistance
Department, Mantralaya,
Mumbai -32).
2. The Maharashtra State Other
backward Classes Finance and
Development Corporation
(Through its Managing Director)
Aministrative Building, 4th Floor,
Ramkrishna Chemburkar Marg,
Chembur, Mumbai 400 071.
3. Shri Sant Rohidas Charmaudyog
va Charmakar Vikas Mahamandal
(Through its Managing Director)
Life Building, 45, Veer Nariman Road,
Mahatma Chowk, Mumbai-9.
4. The Maharashtra Electronics
Corporation Limited
(Through its Additional General
Manager (BD)
Plot No. AM-3, MIDC Cross Road "A"
Marol Industrial Area,
Andheri (E), Mumbai 400 093. ....Respondents.
Mr. A.S. Kale h/f. Mr. S.B. Talekar, Advocate for petitioner.
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WP No. 706/04
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Mr. A.S. Shinde, A.G.P. for respondent No. 1/State.
Mr. B.B. Yenge, Advocate for respondent No. 2.
Mr. S.V. Warad, Advocate for respondent No. 3.
CORAM : T.V. NALAWADE AND
SANGITRAO S. PATIL, JJ.
DATED : June 09, 2017.
ORAL JUDGMENT : [PER T.V. NALAWADE, J.]
. The petition is filed for giving direction to respondents to
absorb, re-deploy the petitioner in respondent No. 2 - Maharashtra
State Other Backward Classes Finance and Development Corporation
Ltd. or any other department of the Government with effect from
1.12.2003 by issuing writ of mandamus.
2. It appears that the petitioner was working in respondent
No. 4 - Maharashtra Electronics Corporation Limited, a corporation of
State Government in the past and she was in the pay scale of
Rs.750-1100. Respondent No. 4 - Maharashtra Electronics
Corporation Limited was winding up. Due to this circumstance,
Government created some posts in respondent No. 2 - Maharashtra
State Other Backward Classes Finance and Development Corporation
Ltd. and gave option to the employees of respondent No. 4 either to
accept the compensation due to winding up of respondent No. 4 or
to get re-deployment in respondent No. 2 - Maharashtra State Other
Backward Classes Finance and Development Corporation Ltd. Many
WP No. 706/04
employees opted for getting re-deployment in the other Corporation
of the State Government. As the petitioner has some grievance, she
approached this Court for giving direction. It appears that she had
some dispute with regard to seniority and she was thinking that the
persons who were junior to her were getting priority.
3. It appears that some interim relief was granted by this
Court, but that relief was set aside by the Hon'ble Apex Court.
Respondent Nos. 1 and 2 have filed reply affidavit dated 18.9.2015
and at para No. 5, the contents of the respondents are as follows :-
"5. The answering Respondent submits that as per the
existing strength there are 11 vacant posts of the
Accountant category in the Corporation. The post of
Accountant is in the pay scale of Rs.1200-2040 which is
much higher than the Petitioners Pay scale i.e. 750-1100.
Considering the vacant posts in the category of Accountant
and Recovery Inspector, the petitioner can be
accommodated in the pay scale of Rs.750-1100 by
protecting last pay drawn by the Petitioner without any
past benefits on the post of Accountant or Recovery
Inspector. The petitioner has to work in any District Office
of Corporation."
4. On the other hand, the learned counsel for petitioner
submitted that the continuity in the service to the petitioner needs
to be given from 2003 till the date of re-deployment and other
WP No. 706/04
consequential benefits also need to be given. About 14 years have
passed since the winding up of the previous Corporation where the
petitioner was employed. She has not rendered the service. Only
because the present petition was pending, this Court cannot give
aforesaid relief claimed for the petitioner by presuming that there
was no fault of her. In view of the nature of her grievance, she
preferred not to get the post in the other Corporation when the other
employees preferred to join the other Corporation. Considering the
age of the petitioner, which was shown as 38 years on the date of
petition, it can be said that offer given by respondent Nos. 1 and 2 is
most fair. Promise is given to protect the last pay drawn by the
petitioner in the previous Corporation. She will be automatically
getting benefit of pay revision and accordingly, her pay will be fixed
in the new pay scale. There will be condition that she will be
required to return the amount if at all she has collected the amount
from previous corporation. A statement was made by the learned
counsel for the petitioner that no such compensation was collected
by the petitioner. In view of these circumstances, the only relief
which can be granted to the petitioner is giving direction to the
respondents on the basis of aforesaid affidavit (para No. 5) to
absorb the petitioner by re-deployment in respondent No. 2 -
Maharashtra State Other Backward Classes Finance and
Development Corporation Ltd. and protect the last pay, the pay scale
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of the petitioner which she was getting in the previous Corporation.
5. In the result, the petition is allowed. The respondents
are hereby directed to re-deploy the petitioner in respondent No. 2 -
Maharashtra State Other Backward Classes Finance and
Development Corporation and protect her last pay which was there
in previous Corporation. This is to be done by the Corporation within
30 days from today.
Rule is made absolute in aforesaid terms.
[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.]
ssc/
