Vikas Pandurang Dongre & Others vs State Of Mah. Mumbai & Others
2017 Latest Caselaw 3709 Bom

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


                          WRIT PETITION NO. 1217 OF 2002


 1.         Vikas Pandurang Dongre,
            R/o. C/o. M.R.Wairagade,
            28, Revenue Colony, Ramnagar,
            Chandrapur

 2.         Nitin Suresh Zope,
            R/o. C/o. M.R.Wairagade,
            28, Revenue Colony, Ramnagar,
            Chandrapur

 3.         Sachin Suresh Nerkar,
            R/o. C/o. M.R.Wairagade,
            28, Revenue Colony, Ramnagar,
            Chandrapur

 4.         Abdul Rehman Abdul Gani Ansari,
            R/o. C/o. M.R.Wairagade,
            28, Revenue Colony, Ramnagar,
            Chandrapur                                            PETITIONERS

                                 ...VERSUS...

 1.         State of Maharashtra, through its
            Secretary, Tech. Education Department,
            Mantralaya, Mumbai

 2.         The Director of Technical Education,
            Maharashtra State, 3-Mahapalika Marg,
            Mumbai-1.

 3.      Government College of Engineer,
         Chandrapur, through its Principal. ......                   RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri Anand Parchure, counsel for Petitioners.
 Shri N.S.Rao, AGP for Respondents
 -------------------------------------------------------------------------------------------



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                           CORAM: R. K. DESHPANDE, AND
                                     Mrs. SWAPNA JOSHI, JJ.

th DATE : 28 JUNE, 2017 .

ORAL JUDGMENT

1] The petition challenges the judgment and order

dated 01.03.2002 passed by the Maharashtra Administrative

Tribunal, Bench at Nagpur, dismissing Original Application

No. 729 of 2001, seeking regularization on the posts of

lecturers in Government Engineering College where the

petitioners were working on ad hoc basis.

2] The Tribunal held that the appointments of the

petitioners were till the duly selected candidate is made

available by selection through Maharashtra Public Service

Commission. The petitioners had applied for the posts in

question, which were advertised through Maharashtra Public

Service Commission, but were not selected. The additional

posts were in existence and therefore, the petitioners had

claimed that they could be regularized on those posts. The

Tribunal has dismissed the original application, however,

direction was issued to the respondents to follow the principle

of "last come, first go" by terminating the services of ad-hoc

3 wp1217.02.odt

employees.

3] No doubt that the appointments of the petitioners

on ad hoc basis as lecturer were made after issuing

advertisement for that purpose and conducting interviews.

The posts which the petitioners were holding are of gazetted

posts and can be filled in on regular basis only upon the

selection of suitable candidate by the Maharashtra Public

Service Commission. Merely because the petitioners have

worked on the posts for some years on ad hoc basis does not

confer upon them any legal and enforceable right to get

continuation in service by way of regularization.

4] In view of above, we do not find any substance

in the challenge to the judgment and order passed by the

Maharashtra Administrative Tribunal. The petition is

dismissed.

Rule is discharged. No order as to costs.

                                JUDGE                             JUDGE


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