Tukaram Dattu Jadhav And Anr vs The State Of Maharashtra And Ors
2023 Latest Caselaw 1652 Bom

                                                                                  904-WP-15581-2022


               Pdp
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 15581 OF 2022

                       Tukaram Dattu Jadhav & Anr.                           .. Petitioners

          Digitally
          signed by
                                    Versus
          PRAVIN
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2023.02.20
          10:58:13
          +0530        The State of Maharashtra & Ors.                       .. Respondents

                       Mr. Dnyaneshwar Bhosale for petitioners.
                       Mr. B. V. Samant, AGP for respondent nos.1 to 6.
                       Ms. Vishakha Patel h/f Mr. Vishwasrao Deokar for respondent
                       nos. 8 to 10.

                               CORAM: S. V. GANGAPURWALA, ACTING CJ. &
                                      SANDEEP V. MARNE, J.

                               DATE:     FEBRUARY 17, 2023


                       P.C.:

1. We have heard the learned counsel for the petitioners, the learned AGP and the learned counsel for the Zilla Parisahd.

2. The petitioners were Muster Assistants. The petitioners it appears were dismissed from services. They filed dispute before the Industrial Court.

3. The petitioner no.1 filed Complaint (ULP) No. 115 of 1990. Under Judgment and Order dated 2nd May, 1997 passed by the Industrial Court, Solapur, the petitioner no.1 is granted permanency from 1st October, 1988. The petitioner no.2 filed Complaint (ULP) No. 108 of 1990. Under Judgment and Order dated 31st July, 1997, the Industrial Court, Solapur granted him permanency from 1st October, 1988.

4. In view of the judgment and order passed by this Court in the case of Ramchandra Kondiba Mahajan vs. The State of

904-WP-15581-2022

Maharashtra and Ors. in Writ Petition No. 2946 of 1997, the petitioners shall be treated as permanent employees with effect from 1st October, 1988. As the said petitioners have superannuated, they would make representation to the authorities for grant of pension benefits. If such representation is made, the same shall be decided expeditiously, preferably within a period of four months from the date of making of representation by considering their eligibility for grant of pension.

5. In light of that, the writ petition is disposed of. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)