Santosh Ramdas Ahire And Ors vs The State Of Maharashtra Thr Its ...
2022 Latest Caselaw 7721 Bom

                                                                       67 wp8767-22.docx

         Digitally
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by
TRUSHA
TUSHAR
         TRUSHA
         TUSHAR
         MOHITE
                                        CIVIL APPELLATE JURISDICTION
MOHITE   Date:
         2022.08.05
         17:28:54
         +0530


                                          WRIT PETITION NO.8767 OF 2022


                      Santosh Ramdas Ahire and Ors.                       ..... Petitioners

                               Vs.

                      State of Maharashtra and Ors.                       ..... Respondents


                      Mr.Vivek V. Salunkhe a/w Mr.N.L.Chaudhari for the Petitioner

                      Mr.S.B.Kalel, A.G.P. for the State


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

                                                DATED :        AUGUST 5, 2022

                      P.C.

                      1        The   learned   counsel   for    the   Petitioners   submits       that

Petitioners are continuously working for more than 10 years in the

Ashram Schools on honorarium. The Petitioner seeks

regularisation. The learned counsel submits that this court under

order dated 31.10.2018 in Writ Petition No.5867 of 2015 with

connected Writ Petitions has granted regularisation. Said judgment

of this court is confirmed by the Apex Court. The learned A.G.P. for

the Respondents accepts that the Petitioners herein are similarly

situated as Petitioners in Writ Petition No.5867 of 2015.

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                                                67 wp8767-22.docx

2        In light of the above, we follow the same course.



     (i)      The respondents shall regularize the services of the

petitioners who have completed ten years of service with effect

from the date they have completed ten years or the date of filing

of writ petition whichever is later.

(ii) Those petitioners who are terminated after completion of

ten years of service during the pendency of the writ petition

shall be reinstated and shall be granted regularization from the

date they have filed the petition or after completion of ten years

of service whichever is later.

(iii) For all practical purposes the services of the petitioners

shall be considered regular from the date as observed above.

However,we may not grant them actual financial benefit for the

period prior to the present order. They will be entitled for the

regular pay scale from 01.011.2018.

(iv) The respondents shall count the services of the

petitioners from their date of appointment continuously for

counting ten years of their service.

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                                             67 wp8767-22.docx

(v) Writ Petition is disposed of. No costs.

(M. S. KARNIK, J.)                (S.V. GANGAPURWALA, J.)




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