Adivasi Vikas Chaturtha Shreni ... vs State Of Maharashtra, Through ...
2022 Latest Caselaw 8166 Bom

                                                                     24.5486.12-wp.docx


BASAVRAJ                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GURAPPA                                 CIVIL APPELLATE JURISDICTION
PATIL
Digitally signed by                    WRIT PETITION NO. 5486 OF 2012
BASAVRAJ GURAPPA
PATIL
Date: 2022.08.23
15:31:57 +0530
                      Adivasi Vikas Chaturthashreni
                      Karmachari Santhatana, Kalwan                   ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.                     ..... Respondents


                      Mr. Balkrishna Katkade with Mr. Sagar Kasar for the Petitioner
                      Mrs. M. P. Thakur, AGP for the State


                                                CORAM:    S.V.GANGAPURWALA &
                                                          MADHAV J. JAMDAR, JJ.

                                                DATED :   AUGUST 22, 2022

                      P.C.

                      1      The petition is filed on behalf of the members. A list is given at

                      Exhibit-A. Amendment has been made. About 8 or 9 names are

                      deleted from that list.


                      2      It is submitted that the members as detailed on page 8, after

                      amendment, are all working on non teaching posts.


                      3      We have heard the learned Counsel for the Petitioner and the

                      learned A.G.P.


                      4      It is not disputed by the Respondents that the Petitioners are

                      similarly situated as the Petitioner in Writ Petition No.5867 of 2015


                      Basavraj                                                            1/3
                                                         24.5486.12-wp.docx


and connected Writ Petitions decided at Aurangabad Bench and

reported in 2019 (2) Mh.L.J.119. SLP filed by the State against the

said judgment is dismissed. We are informed that the State had filed

Review Petition seeking review of the order passed in SLP.                            The

Review Petition is also dismissed on 08.07.2021. The Petitioners

herein are part of the teaching and non teaching staff. It is not

disputed that these persons have worked for more than 10 years

continuously on their posts.


5     In light of that and for the reasons recorded in the judgment in

the case of Madhukar s/o Bhavranrao Sadgir vs. State of

Maharashtrate reported in 2019 Mh.L.J. 119 , we follow the same

course and pass the following order:


                                       ORDER

(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

Basavraj 2/3 24.5486.12-wp.docx

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.

6 The Writ Petition is disposed of.

( MADHAV J. JAMDAR ,J.)                               (S.V. GANGAPURWALA, J.)




Basavraj                                                                          3/3