Bombay High Court
Durga Narayan Meshram And Others vs State Of Maharashtra, Through ... on 26 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:14116-DB
1 WPs3502&2920-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3502/2019
(DURGA NARAYAN MESHRAM & OTHERS VERSUS STATE OF MAHARASHTRA & OTHERS)
WITH
WRIT PETITION NO. 2920/2019
(SMITA RAMRAO AWAZADE & OTHERS VERSUS STATE OF MAHARASHTRA & OTHERS)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri S.I. Khan with Ms Shabana Khan, counsel for the petitioners.
Ms S.S. Jachak, Assistant Government Pleader for the respondent-State.
Shri Nalin Majithia, counsel for the respondent nos.5 and 6 in both the petitions.
Shri A.K. Dobade, counsel for the respondent nos.8 and 10 in W.P. No. 3502/2019.
CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : SEPTEMBER 26, 2023.
P. C.
RULE. Rule made returnable forthwith and heard the learned counsel for
the parties.
2. The petitioners claim to be working as Health Workers - Male/Female
with Zilla Parishad, Yavatmal and Akola. It is their case that having worked for a
period of fifteen years, they are entitled to have their services regularized. The
petitioners seek a direction to be issued to the State Government to consider
their cases for regularization on the posts on which they are working or on any other
post which the State Government finds fit. In support of the prayer for issuance
of such direction, reliance is placed on the judgment dated 24.11.2021 in Sunita
Suresh Mandole & Others Versus The State of Maharashtra & Others [Writ
Petition No. 5252 of 2020 with connected writ petitions] decided at the
Aurangabad Bench. In paragraphs 11 and 12 thereof it has been observed as under :-
"11. In the light of that, we direct the State Government to consider
the cases of the petitioners for regularization either on the posts they
are working under the RCH or some other posts under the State
Government considering the length of service. The State Government
can also fix the cut off date viz. that the persons working for a
minimum period of particular years may be considered for
regularization.
2 WPs3502&2920-19.odt
12. The State Government may take decision upon the
aforesaid aspect i.e. the regularization of the services of the
petitioners as discussed above on its own merits, expeditiously and
preferably within a period of six (06) months from today.
Depending upon the decision taken by the State Government, the
parties may take appropriate steps."
3. Since the petitioners seek a limited direction for consideration of their
cases for regularization we are inclined to issue a similar direction that has been
issued in the aforesaid writ petition. Accordingly, by following the aforesaid
decision, the respondent no.1-Rural Development Department, Mantralaya,
Mumbai is directed to consider the cases of the petitioners for regularization on
the posts on which they are working under the National Rural Health Mission or
on any other post under the State Government. The directions issued in the
aforesaid order shall also be taken into consideration. Such decision be taken
within a period of six months from today. In case the services of the petitioners
are regularized the respective Zilla Parishad shall take necessary steps in the
matter of refund of the fees which the petitioners have paid in view of
Advertisement No.1/2023.
4. Rule is disposed of in aforesaid terms. No costs. Pending civil
applications also stand disposed of.
(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.)
APTE
Signed by: Apte
Designation: PS To Honourable Judge
Date: 27/09/2023 10:58:18
