Bombay High Court
Md. Khalik Shahabuddin Shaikh And ... vs State Of Maharashtra And Ors on 1 March, 2023
Bench: Sandeep V. Marne
Megha 81_wp_446_2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.446 OF 2021
Md. Khalik Shahbuddin Shaikh and Ors. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
...
Mr. Kiran Bapat, senior counsel with Mr. Gaurav Gawande i/b. Ms
Gauri Bhosale for the Petitioners.
Mr. B.V. Samant, AGP for Respondent -State.
Mr. Ashok Misal for Respondent No.3.
CORAM: S.V. GANGAPURWALA, ACJ &
SANDEEP V. MARNE, J.
DATED: MARCH 1, 2023.
P. C. :-
1. The Petitioners seeks directions to extend benefits of
Government Resolution dated 01/12/1995 and 21/04/1999.
2. It is not disputed that the Petitioners in the present writ
petition were Muster Assistant. The Petitioners were dismissed from
service. They filed dispute with the Industrial Court. The Industrial
Court allowed the dispute and granted reinstatement but did not grant
permanency. The details of the Petitioners and the respective dates are
detailed as under.
Digitally signed
MEGHA by MEGHA S
PARAB
S Date:
2023.03.04
PARAB 16:49:38
+0530
Megha 81_wp_446_2021.doc
Sr. Name of Date of Date of Reference Date of Present status
No. Petitioners Appointme Terminatio Id. No. and Rejoining
nt n Decision
date
1. Md. Khalik 27.10.1986 17.07.1989 1/1995 05.02.200 Working as
Shaboddin 05.02.99 0 Muster
Shaikh Assistant his
service has been
deputed to Sub
Divisional
Officer Solapur
No.1
2. Suresh 01.01.1985 31.08.1988 369/1992 30.12.199 Working as
Sharnappa Vate 07.08.1997 7 Muster
Assistant his
service has been
deputed to BDO
Akkalkot
3. Sharanappa 02.12.1985 05.01.1989 10/1994 01.09.199 Working as
Hanmantappa 23.06.1998 8 Muster
Patil Assistant his
service has been
deputed to BDO
Akkalkot
4. Sattar Balabhai 13.10.1987 29.10.1989 197/1991 26.02.199 Working as
Nadaf 16.01.1997 7 Muster
Assistant his
service has been
deputed to
PLAQ Solapur
5. Maruti Namdev 01.08.1986 28.02.1989 326/1992 22.09.199 Working as
Patole 25.06.1998 8 Muster
Assistant his
service has been
deputed to BDO
Mohol
6. Balasaheb 03.03.1986 08.02.1989 113/1994 05.02.200 Retired on
Vasantrao Patil 23.09.1999 0 30/08/2018
7. Bhausaheb 04.12.1986 01.08.1988 48/1993 17.06.199 Working as
Sahebrao Ingale 17.10.1996 7 Muster
Assistant his
service has been
deputed to
Tahasildar,
Mohol
8 Sidheshwar 03.06.1984 01.05.1987 50/1993 30.12.199 Working as
Tukaram 17.10.1996 6 Muster
Megha 81_wp_446_2021.doc
Sr. Name of Date of Date of Reference Date of Present status
No. Petitioners Appointme Terminatio Id. No. and Rejoining
nt n Decision
date
Nagane Assistant his
service has been
deputed to BDO
Mohol.
9 Pandurang 01.06.1984 31.03.1987 9/1996 09.02.200 Working as
Bapurao Nimase 12.04.1999 0 Muster
Assistant his
service has been
deputed to BDO
Mohol.
10 Bhimrao Soma 08.02.1984 30.08.1988 216/1988 17.06.199 Working as
Lavate 07.02.1997 7 Muster
Assistant his
service has been
deputed to BDO
Mohol
3. As far as Petitioners are concerned, they have approached
the Industrial Court. The Industrial Court had passed an order
reinstating them but has not granted permanency. In that event, the
judgment of the Apex Court in the case of Shaikh Miya S/o. Shaikh
Chand etc. vs. State of Maharashtra dated 07/09/2022 in Civil Appeal
No.6531-6533 of 2022 will be relevant. In that judgment, it is
observed that the persons who have been absorbed over a period of
time post 31/03/1997 for pensionable services reckoning date will be
31/03/1997 and such of the persons who have rendered pensionable
services will be entitled to that benefit. In view of that, the petitioners
shall be considered as permanent from 31/03/1997 and the
Megha 81_wp_446_2021.doc
pensionable benefits shall be granted to them considering their services
with effect from 31/03/1997, as expeditiously as possible.
4. With these directions writ petitions are disposed of.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
