Dattatray Arun Meher vs The State Of Maharashtra And ...
2021 Latest Caselaw 4510 Bom

                                                                    963-wp-4476-21
                                          1

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD
                         WRIT PETITION NO. 4476 OF 2021

 Dattatray S/o Arun Meher                           ... Petitioner.
          Versus
 The State of Maharashtra
 and others                                         ... Respondents.
                                          ....
 Mr. R.D. Bhalerao, Advocate for the Petitioner.
 Mr. P.S. Patil, Addl. G.P. for Respondents / State.
                                         ....

                                CORAM : S.V. GANGAPURWALA AND
                                        SHRIKANT D. KULKARNI, JJ.

                                 DATE : 11th MARCH, 2021
 PER COURT:-

 1.       The petitioner claims to be working as Kamathi in the

 Government           Aided     Post   Basic     Secondary      Ashram         School,

 Jawalebaleshwar, Tq. Sangamner, District 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


                                                                                   1 of 2


::: Uploaded on - 16/03/2021                        ::: Downloaded on - 01/09/2021 07:13:57 :::
                                                                    963-wp-4476-21
                                         2

 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

 30.10.2018 in Writ Petition No. 5867 of 2015 and connected writ

 petitions, we allow the 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 petition, i.e. 20.01.2021.

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

 ( SHRIKANT D. KULKARNI )                         ( S.V. GANGAPURWALA )
         JUDGE                                             JUDGE

 S.P. Rane

                                                                                  2 of 2