Bombay High Court
Sagar S/O Mahadev Khot And Ors vs The State Of Maharashtra And Ors on 3 February, 2023
Bench: Sandeep V. Marne
907-WP-1649-2022+
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1649 OF 2022
Vishal Vilas Jadhav .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
WITH
WRIT PETITION NO. 1957 OF 2021
Sagar S/o Mahadev Khot & Ors. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
Ms. Pradnya Talekar a/w Ms. Madhavi Ayyapan & Amruta
Kharade i/by Talekar & Associates for petitioners in both WPs.
Mr. Ashutosh Kulkarni & Ms. Akanksha Helaskar a/w Mr. B. V.
Samant, AGP for respondent nos.1 to 3 in both the WPs.
Mr. Ashok Misal for respondent no.4 in WP/1957/2021.
Mr. Ashish S. Gaikwad for respondent no.6 in WP/1957/2021.
Mr. Ajit M. Savagave for respondent nos.8 and 14 in
WP/1957/2021.
Mr. Ramesh D. Rane for respondent nos.5 and 19 in
WP/1957/2021.
Mr. Makarand Kale i/by Pankaj Devkar for respondent no.9 in
WP/1957/2021.
Ms. Sejal Todkar i/by Ashwin Kapadnis for respondent no.10 in
WP/1957/2021.
CORAM: S. V. GANGAPURWALA, ACTING CJ. &
SANDEEP V. MARNE, J.
DATE: FEBRUARY 3, 2023
907-WP-1649-2022+
P.C.:
1. Mr. Kulkarni, learned counsel for the respondent nos. 1
to 3 raises preliminary objection that the petitioners have
remedy before the Maharashtra Administrative Tribunal.
2. According to the learned counsel, the petitioners are
challenging the Government Resolution dated 4 th September,
2020 and also claiming relief that the petitioners be
regularized with Water Supply and Sanitation Department,
Government of Maharashtra from their initial appointments.
In such an eventuality, the matters would be within the realm
of the Maharashtra Administrative Tribunal. The learned
counsel, to buttress his submission, relies upon the judgment
of the Division Bench of this Court at Aurangabad dated 7th
January, 2023 in Writ Petition No. 13847 of 2021 with
connected writ petitions and submits that in the said case also
challenge was to the same Government Resolution and
regularization was sought by the petitioners therein with the
Government of Maharashtra. Reliance is also placed on the
judgment of the Division Bench of this Court at the Principal
Seat dated 4th March, 2022 in Writ Petition No. 2270 of 2021
with connected writ petitions.
3. Ms. Talekar, learned counsel for the petitioners submits
that the petitioners were appointed on vacant substantive
posts of Zilla Parishad. The petitioners are seeking
regularization on the vacant posts of Zilla Parishad
establishment and the petitioners are not seeking
regularization with the Water Supply and Sanitation
Department of Government of Maharashtra. The regularization
is on the vacant posts of Zilla Parishad only.
907-WP-1649-2022+
4. The learned counsel submits that later part of prayer
clause (c) in Writ Petition No. 1649 of 2022 and prayer clause
(D) in Writ Petition No. 1957 of 2021 seeking regularization
with Water Supply and Sanitation Department from their
initial appointments is not pressed.
5. At the request of the learned of learned counsel for the
Zilla Parishads, place the matters on 15th February, 2023.
6. The learned counsel for the respondent nos.1 to 3/State
also seeks leave to file additional affidavit. Leave is granted.
7. Interim orders passed earlier to continue till then.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
Digitally
signed by
PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2023.02.04
10:28:03
+0530
