State Of Mah. Thr. Its Secretary, ... vs Dr. Pramod Shankar Nikalje And ...
2022 Latest Caselaw 7866 Bom

                                                1                                WP6072-10.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR
                            WRIT PETITION NO. 6072/2010
(STATE OF MAHARASHTRA & OTHERS VERSUS               DR.PRAMOD SHANKAR NIKALJE & OTHERS)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                      Court's or Judge's order
and Registrar's orders.
        Shri D.P. Thakare, Additional Government Pleader for the petitioners.
        Shri S.A. Marathe, counsel for the R-3, 4, 6, 7, 9, 10, 18 & 19.

        CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : AUGUST 11, 2022.

Shri D.P. Thakare, learned Additional Government Pleader for the petitioners by referring to the judgment of the Larger Bench of the Maharashtra Administrative Tribunal dated 30.03.2010 in Original Application No.240 of 2009 and other connected matters submits that the Larger Bench of the Maharashtra Administrative Tribunal has held that the ad-hoc employees are not entitled to seek condonation of technical breaks and thereafter release of annual increment on completion of one years service. It has also been held that the ad- hoc employees after their absorption would not be entitled to claim service benefits such as leave and annual increments. He then submits that the Division Bench of this Court in Writ Petition 4969 of 2011 [State of Maharashtra & Others Versus Dr.Jyotsna Shamrao Potpite & Another ] decided on 07.04.2017 has noticed the aforesaid judgment of the Larger Bench of the Maharashtra Administrative Tribunal and has thereafter allowed the writ petition preferred by the State Government challenging the order passed by the Maharashtra Administrative Tribunal issuing a direction to it to grant increment to the respondent no.1 therein on completion of service of one year. He submits that in the present case the impugned order passed by the Tribunal is dated 05.04.2010 but without noticing the decision of the Larger Bench. He further submits that the Tribunal at Aurangabad has considered the aforesaid decision in its order dated 29.10.2021 in Original Application No.204 of 2019 [Dr.Bhagwat Sadashiv Khadke Versus The State of Maharashtra & Others ] and other connected matters.

2 WP6072-10.odt

Shri S.A. Marathe, learned counsel for the respondents seeks time to go through the aforesaid decisions and address the Court on the aforesaid aspect.

Stand over 23.08.2022.

(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:11.08.2022 18:37