The State Of Maharashtra And ... vs Siddheshwar Ramrao Mundhe
2017 Latest Caselaw 9006 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        WRIT PETITION NO. 772 OF 2016

The State of Maharashtra & Ors.                       ..       Petitioners
                          Versus
Siddheshwar Ramrao Mundhe                             ..       Respondent

                                     WITH
                        WRIT PETITION NO. 798 OF 2016

The State of Maharashtra & Ors.                       ..       Petitioners
                          Versus
Santosh Ganpati Shahane                               ..       Respondent

                                     WITH
                        WRIT PETITION NO. 800 OF 2016

The State of Maharashtra & Ors.                       ..       Petitioners
                          Versus
Suvarna Manmath Swami                                 ..       Respondent

Mr.S.W. Munde, A.G.P. for the petitioners.
Mr.J.S. Deshmukh, Advocate for the respondents.

                                     CORAM :  S.V.GANGAPURWALA &
                                              S.M.GAVHANE,JJ.

DATED : 23.11.2017 P.C. :-

1. Present respondents had approached the Maharashtra Administrative Tribunal for considering their services rendered on adhoc basis prior to selection by the MPSC as Medical Officer - Group "A" to be counted for grant of increments as well as earned leaves and for other purposes. The Tribunal partly allowed the original

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applications holding that the petitioners therein are entitled for condonation of break in adhoc service prior to the selection by MPSC as Medical Officer - Group "A" and that their earlier services spent on adhoc and temporary basis may be counted for grant of increments as well as earned leaves and for no other purpose.

2. The State has assailed the said judgment in the present writ petitions. We have heard learned AGP for the petitioners and learned advocate for the respondents.

3. Learned advocate pointed out that in case of similarly situated persons those who were appointed as Associate Professors on adhoc basis and subsequently were selected through MPSC, the State had challenged he judgment of the Tribunal and they have withdrawn the writ petition and the Government Resolution is issued giving them benefit as was directed by the Tribunal. Present respondents are entitled to same benefit. Learned advocate further submits that Division Bench of this Court in Writ petition No. 11611 of 2015 dated 23.03.2016 has upheld the judgment of the Maharashtra Administrative Tribunal in case of similarly situated Medical Officers and said judgment is not assailed by the State before the Apex Court. Considering the fact that similar relief granted to the similarly situated Medical

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Officers by the Tribunal, has been upheld by this Court, we do not find any illegality in the same. We also adopt the similar view.

4. In view of above, the writ petitions are dismissed. No costs.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.]

snk/2017/NOV17/wp772.16