Bombay High Court
Sagar S/O Mahadev Khot And Ors vs The State Of Maharashtra And Ors on 25 March, 2021
Bench: K.K. Tated, Abhay Ahuja
23 WPST 4976-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO. 4976/2021
Sagar Mahadev Khot & Ors. .. Petitioners
vs.
State of Maharashtra & Ors. .. Respondents
.....
Mr. S. B. Talekar a/w Ms Madhavi Ayyappan i/b Talekar &
Associates for the Petitioners.
Mr. A. P. Vanarase, AGP for the State.
.....
CORAM: K.K.TATED, &
ABHAY AHUJA, JJ.
DATED : MARCH 25, 2021
P.C.
. Heard.
2. By this petition, under Article 226 of the Constitution
of India, the Petitioners are seeking regularization of their
services as Junior Engineers as also challenging the
Government Resolution dated 04/09/2020 mandating
outsourcing services of Junior Engineers contrary to the
doctorine of public employment and consequent orders and
e-tender notice to that effect i.e. Government Resolution
dated 04/09/2020 issued by State of Maharashtra, Water
Supply and Sanitation Department (Exhibit-R),
Communication dated 10/02/2021(Exhibit-S) and tender
notice dated 05/02/2021 (Exhibit-T).
3. It is the case of the Petitioner that, the Petitioners are
working with Respondents- Zilla Parishad for last several
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23 WPST 4976-21.odt
years as Junior Engineers. He submits that the
Respondents recruited Petitioners after following due
process of law. He submits that if the Respondents recruit
other persons on contract basis, then they have an
apprehension that, they may terminate the Petitioners'
services. He submits that in similar matters, this Court
passed order and protected the Petitioners' services. In
support of this contention he relies on the order dated
26/09/2020 in WPST No. 92251/2020 (High Court of
Judicature at Bombay) Maharashtra State Contractual
Employees Federation Vs. Chief Secretary, State
Government Maharashtra and Ors., in the matter of Smt.
Surekha Keshavrao Wani Vs. State of Maharashtra & Ors.,
order dated 30/07/2020 in WPST No. 12583/2020 along
with connected matter (Bench at Aurangabad), order dated
15/09/2020 in WPST No. 8076/2020 (Nagpur Bench,
Nagpur) and the Judgment dated 24/08/2016 in WP No.
5060/2015 (Aurangabad Bench) ATMA Employee's Welfare
Association ( Maharashtra State) Vs. The Union of India &
Ors.
4. The learned counsel for the Petitioners submits that,
in all these matters this Court directed the Respondents not
to terminate the Petitioners' services. He submits that as
per earlier order dated 04/03/2021 passed by this Court the
Petitioners have served the Respondents by Hamdast. The
Petitioners have tendered an affdavit of service dated
24/03/2021. The same is taken on record. He submits that
in the interest of justice, this Hon'ble Court be pleased to
grant ad-interim relief in the present matter.
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5. It is to be noted that, offce note shows await service.
Considering the submission made by the learned counsel for
the Petitioners that as on today the Petitioners are in
service and they are working with the Respondents as
Junior Engineers and the orders passed by this Court in
several other matters as noted hereinabove, we are of the
opinion that the Respondents can be restrained from
terminating the Petitioners' services till further orders.
6. Hence, the following order:
a. Admit.
b. The Respondents are restrained by an interim order
from terminating the Petitioners' services as Junior
Engineer, if they are in service as on the date of passing of
this order, till further orders.
c. Registry is directed to issue notice to the Respondents
for fnal disposal of the petition returnable on 30/04/2021.
d. Private notice to that effect is also permitted.
(ABHAY AHUJA, J.) (K.K.TATED, J.)
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