VIJAYSING MARGYA RAUT AND OTHERS v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND
Case Details
1 17-WP-4385-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 17 WRIT PETITION NO.4385 OF 2023 VIJAYSING MARGYA RAUT AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 20 WRIT PETITION NO.4388 OF 2023 SAYSING KOCHARYA PATALE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 22 WRIT PETITION NO.4390 OF 2023 RAMESH DEVSING PAWRA AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 23 WRIT PETITION NO.4391 OF 2023 DHIRSING PUNYA RAUT AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 29 WRIT PETITION NO.4398 OF 2023 ASIF BIBISHAN PATHAN VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 31 WRIT PETITION NO.4400 OF 2023 JYOTI NARAPATSING VASAVE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 2 17-WP-4385-2023.odt 53 WRIT PETITION NO.4424 OF 2023 VINOD DHANAJI TAYDE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 83 WRIT PETITION NO.4617 OF 2023 GANESH MOTILAL VALVI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
Legal Reasoning
..... Mr. N. L. Chaudhari – Advocate for the petitioners in WP Nos. 4385, 4388, 4390, 4391, 4398, 4400, 4424 and 4617 of 2023 Mr. P. S. Patil – AGP for respondent/State ..… 901 WRIT PETITION NO. 4799 OF 2023 SUMIT BHASKAR DESHMUKH VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 902 WRIT PETITION NO. 4800 OF 2023 NANUBAI SAHEBRAO BHANDKOLI VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 903 WRIT PETITION NO. 4802 OF 2023 SHIVRAM BUDHA TAMBEKAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 904 WRIT PETITION NO. 4803 OF 2023 ASHOK GANPAT KOKATE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 3 17-WP-4385-2023.odt 905 WRIT PETITION NO. 4804 OF 2023 VIJAY THAKAJI DESHMUKH AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 906 WRIT PETITION NO. 4805 OF 2023 SITABAI GANGARAM GODE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....... Mr. R. D. Bhalerao – Advocate for the petitioners in WP Nos. 4799, 4800, 4802, 4803, 4804 and 4805 of 2023 Mr. V. M. Kagne – AGP for respondent/State ...... CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ. DATED : 24th APRIL 2023 PER COURT : - 1. Writ Petition Nos. 4799 of 2023, 4800 of 2023, 4802 of 2023, 4803 of 2023, 4804 of 2023 and 4805 of 2023 were not on board. By consent of the parties, these petitions are taken on the production board. 2. The issue raised in all these petitions is no longer res-integra. The petitioners are praying for regularization and permanency in the Government Ashram Schools. This Court [Coram: S. V. Gangapurwala, ACJ (as His Lordship then was) & R. G. Avachat, J.] vide its judgment dtd. 31st October, 2018 delivered in Writ Petition No. 5867 of 2015 filed by Madhukar 4 17-WP-4385-2023.odt Bhagwanrao Sadgir V/s. State of Maharashtra and others and vide the order dated 19th October, 2022 passed by this Court [Coram : Ravindra V. Ghuge & Sanjay A. Deshmukh, JJ.] in Writ Petition Nos. 8524 of 2022 filed by Pandurang Hari Shelke V/s. State of Maharashtra and others with connected matters, concluded that those candidates who had completed 10 years, would be considered for regularization by the State of Maharashtra after conducting a verification exercise. To be specific, this court has held in paragraph nos. 9, 10 and 11 in the matter of Pandurang Hari Shelke (supra) as under : - “9. In so far as the queries by the State Government are concerned, we observe as under:- Query(a) Those employees who have not completed 10 years in continuous service in the light of the paragraph 21(i) and (iv), would not be entitled for the benefts, save and except in terms of any policy decision that the State Government would be introducing to deal with this entire issue in the State of Maharashtra. Query(b) Considering paragraph 21(i) and (iv), those employees, who have presented their frst appointment order and are out of employment for periods ranging from one year and above, or those are presently in employment with a gap and are not in continuous in employment, would not be entitled for regularization, save and except in terms of the policy that would be introduced by the State Government for such employees in the State of Maharashtra. Query(c) Since the Government itselfgranted several concessions to the employees, those who could not work and discharge their duties due to Covid- 19 pandemic lock down, would be considered to be in continuous employment during the Covid pandemic lock down period, provided they were in employment immediately prior to the lock down and were also in employment immediately after 5 17-WP-4385-2023.odt withdrawal of lock own restrictions, inclusive of the vacation period. Query(d) The answer to query (d) lies in paragraph 21(iii). For clarifcation, we would observe that those employees who have completed 10 years in employment and have fled their writ petitions later on, would be entitled for the monetary benefts either from 1.11.2018 or the date on which they completed 10 years, whichever is later. In cases where the candidates have preferred writ petitions, prior to completing 10 years in service, would be entitled for the regular pay scale/monetary benefts from 1.11.2018 or from the date they have completed 10 years of employment, whichever is later. 10.
Decision
In view of the above, we deem it appropriate to direct further, with the consent of the petitioners, as under:- i) As the State Government has informed us, vide communication “Y”, that the service details of all these petitioners, and similarly placed employees, in the State of Maharashtra, is being collected and verifcation would be completed by 21.10.2022, we grant further period to the State Government in order to avoid any mistake or discrepancy, to complete such exercise of verifcation, till 30.11.2022. ii) Pursuant to the above and our clarifcation set out in the foregoing paragraphs, read with the earlier orders, the State would prepare a list of eligible candidates and ineligible candidates. In so far as ineligible candidates are concerned, the State Government shall assign specifc reasons in each case, concluding in the light of our orders, as to why they are held ineligible. The cases of those, who are held eligible, would be forwarded to the Competent Government department of the State of Maharashtra for framing a policy to grant regularization to such candidates and thereafter issue orders of regularization, as expeditiously as possible and not later than 31.01.2023. iii) Those cases, which are found to be ineligible while verifying the record, if are found to be worthy of consideration in the light of the terms of any policy decision that State Government may introduce, we leave it to the State Government to 6 17-WP-4385-2023.odt iv) take a decision with regard to such cases as well, preferably on or before 15.03.2023. After the entire exercise is completed and if any candidate from teaching or non teaching categories is found to be ineligible, specifc orders rejecting their proposal would be passed and the said orders would be served upon such candidates on their last known address or through the institution, in which they are working on or before 15.4.2023. 11. In view of the above, those petitioners and similarly situated employees in the State of Maharashtra, who are in employment today, shall not be discontinued from employment only on the ground that they are temporary and their proposals are pending.” 3. In view of the above, the cases of these petitioners who have completed 10 years, would be covered by the above directions which are being implemented by the State Government. Those who have not completed 10 years, will have to wait till they fullfill the said requirement. 4. In view of the above, these petitions are disposed off in the light of the directions reproduced under paragraph nos. 10(i) to (iv) and 11. Insofar as the time frame is concerned, the direction at clause 10(i) would be complied with on or before 31st May, 2023. Clause 10(ii) reproduced above would be complied with on or before 31st July, 2023. Clause 10(iii) would be complied with on or before 31st August, 2023 and Clause 10(iv) would be complied with on or before 30th September, 2023. 7 17-WP-4385-2023.odt 5. Needless to state, those candidates who have not completed 10 years in employment, would wait their turn and the Government can scrutinize their cases thereafter. [SANJAY A. DESHMUKH] [RAVINDRA V. GHUGE] JUDGE JUDGE SG Punde