Sanjay Bhaskar Deshmukh vs The State Of Maharashtra And ...
2021 Latest Caselaw 11496 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     943 WRIT PETITION NO.9137 OF 2021

Sanjay Bhaskar Deshmukh                                  .. Petitioner
          Versus
The State of Maharashtra and Others              .. Respondents
                                ...
           Mr Raju D Bhalerao, Advocate for the Petitioner
     Mrs M.A. Deshpande, Addl. G.P. for the Respondents - State
                                ...

                                  CORAM :        S. V. GANGAPURWALA
                                                         AND
                                                  R.N. LADDHA, JJ.

                                  DATE       :    21-08-2021

PER COURT : -

1.        The petitioner claims to be working as a Secondary Ashram

School Teacher in the Government Aided Post Basic Secondary

Ashram School, Mutkhel, Tq. Akole, Dist. Ahmednagar since 2004.

The petitioner seeks regularisation of service. The petitioner relies on

the judgment of this Court in Writ Petition No.5867 of 2015 with

connected writ petitions, decided under judgment and order dated

31.10.2018.



2.        The factual matrix does not appear to be disputed.                    The

Ashram School is run under the Tribal Development Department in a

tribal area. The petitioner completed ten years and more service. We


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had, in our judgment dated 31.10.2018 in Writ Petition No.5867 of

2015 and connected writ petitions considered the plight of these

persons working in tribal areas and granted them regularisation.



3.        For the reasons recorded in the judgment and order dated

31.10.2018 in Writ Petition No.5867 of 2015 and connected writ

petitions, we allow the present writ petition and pass the following

order:

                                     ORDER

(i) The respondents shall regularise the services of the petitioner

with effect from the date the petitioner has completed ten years of

service or on the date of filing of the writ petition, whichever is later.

(ii) For all practical purposes, the services of the petitioner shall be

considered regular from the date, as observed above. The petitioner

will not be entitled for actual financial benefits for the period prior to

the present order. The petitioner would be entitled for regular

pay-scale from the date of filing of the petition i.e. 11.08.2021.

4. Writ petition is accordingly disposed of. No costs.

       [ R.N. LADDHA ]                          [ S. V. GANGAPURWALA ]
           JUDGE                                         JUDGE
                                        ...


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