Bombay High Court
Kakasaheb S/O Pandharinath ... vs The State Of Maharashtra And Ors on 26 July, 2022
Bench: S.V. Gangapurwala, Madhav J. Jamdar
53.5263.21-wp.docx
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA
signed by
TRUSHA
TUSHAR
CIVIL APPELLATE JURISDICTION
TUSHAR MOHITE
MOHITE Date:
2022.07.29
16:59:02
+0530 WRIT PETITION NO.5263 OF 2021
Kakasaheb s/o Pandharinath Chavan and Ors. ..... Petitioners
Vs.
The State of Maharashtra and Ors. ..... Respondents
WITH
WRIT PETITION NO.6811 OF 2021
Prakash s/o Babulal Bagul and Ors. ..... Petitioners
Vs.
The State of Maharashtra and Ors. ..... Respondents
Mr. S.B.Talekar a/w Ms.Madhavi Ayyapan i/b M/s.Talekar and
Associates for the Petitioner
Mrs.P.J.Gavhane, A.G.P. for the State
CORAM: S.V. GANGAPURWALA &
MADHAV J. JAMDAR, JJ.
DATED : JULY 26, 2022
P.C.
1 We have heard the learned Counsel for the Petitioner and the
learned A.G.P.
2 It is not disputed by the Respondents that the Petitioners are
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53.5263.21-wp.docx
similarly situated as the Petitioner in Writ Petition No.5867 of 2015
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.
3 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
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53.5263.21-wp.docx
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.
v) The teachers should obtain TET within four years
from today.
4 Both the Writ Petitions are disposed of.
(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.)
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