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WP-3204-2023 & Ors.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO. 3204 OF 2023THE STATE OF MAHARASHTRA THROUGH THESECRETARY AND OTHERVERSUSGOROBA S/O RAM AARADWAD AND OTHERS...Shri V.D. Sapkal, Senior Advocate, appointed as Special Counsela/w Shri A.S. Shinde Addl. G.P. for the petitioners/ State.Shri Baliram B. Shinde, Advocate for respondent Nos.1 and 2.Shri A. S. Shelke, Advocate for the respondent/ intervenor.…WITHCIVIL APPLICATION NO. 13121 OF 2024IN WP/3204/2023YASH SUSHILKUMAR GAIKWADVERSUSSTATE OF MAHARASHTRA THROUGH SECRETARYMINISTRY OF SOCIAL JUSTICE AND SPECIALASSISTANCE DEPARTMENT...Shri V.D. Sapkal, Senior Advocate, appointed as Special Counsela/w A.S. Shinde Addl. G.P. for the respondents / State.Shri B.B. Shinde, Advocate for the original respondent Nos.1 and2 in WP.Shri A.S. Shelke, Advocate for the respondent/ intervenor....WithCIVIL APPLICATION NO.13331 OF 2024IN WP/3204/2023PANDURANG VHANMANEVERSUSSTATE OF MAHARASHTRA...Shri. Baliram B. Shinde, Advocate for applicantShri. V.D. Sapkal, Sr. Advocate appointed as special counsel a/wShri. A.S. Shinde Addl. G.P. for Respondent/StateShri A.S. Shelke, Advocate for intervenor....WITH[1] WP-3204-2023 & Ors.odtWRIT PETITION NO. 2054 OF 2022SUNIL NIVRATTI WAGHMAREVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...WITHWRIT PETITION NO. 2042 OF 2022SACHIN RAMESH SONWANEVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...WITHWRIT PETITION NO. 13039 OF 2023SANDEEP POPATRAO PACHUNDE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSADDITIONAL CHIEF SECRETARY AND OTHERS...WITHCIVIL APPLICATION NO. 13074 OF 2024IN WP/2042/2022SACHIN RAMESH SONWANEVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...WITHCIVIL APPLICATION NO. 13073 OF 2024IN WP/2054/2022SUNIL NIVRATTI WAGHMAREVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...WITHCIVIL APPLICATION NO. 13075 OF 2024IN WP/13039/2023SANDEEP POPATRAO PACHUNDE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSADDITIONAL CHIEF SECRETARY AND OTHERSWITHCIVIL APPLICATION NO.173 OF 2025IN WP/14205/2023[2] WP-3204-2023 & Ors.odtGOPAL SARPATEVERSUSSTATE OF MAHARASHTRAShri Salgare Vitthal G., Advocate for the petitioners/ applicants.Shri V.D. Sapkal, Senior Advocate, appointed as Special Counsela/w Shri A.S. Shinde Addl. G.P. for the respondents / State.Shri Tele Dattatraya V., Advocate for respondent No.2.Shri. Sanket A. Jadhav Advocate h/f Ms.Dube (Bajpai) Anjali,Advocate for respondent Nos.3 and 4....WITHWRIT PETITION NO. 5365 OF 2023SUSHILA EKNATH KASAB AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA THROUGH PRINCIPALSECRETARY AND OTHERS...Shri Mahajan Sandeep Y., Advocate for the Petitioners.Shri V.D. Sapkal, Senior Advocate, appointed as Special Counsela/w Shri A.S.Shinde Addl. G.P. for the respondents / State....WITHCIVIL APPLICATION NO.69 OF 2025IN WP/5365/2023SUSHILA KASAB AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA...Shri. S.Y. Mahajan, Advocate for applicantShri. V.D. Sapakal Sr. Advocate appointed as special counsel a/wShri. A.S. Shinde Addl. G.P. for Respondent/StateShri. D.V. Tele, Advocate for Repondent No.3...WITHWRIT PETITION NO. 3950 OF 2023KAILASH MAROTI RAJKAUR AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSPRINCIPAL SECRETARY AND OTHERSShri Kurundkar Sunil V., Advocate for the Petitioners.Shri V.D. Sapkal, Senior Advocate, appointed as Special Counsel[3] WP-3204-2023 & Ors.odta/w Shri A.S. Shinde, Addl. G.P. for the respondents / State.Shri Revan P. Bhumkar, Advocate for respondent No.6....WITHWRIT PETITION NO. 4363 OF 2023THE STATE OF MAHARASHTRAVERSUSGAUTAM ASHOK JADHAVShri V.D. Sapkal, Senior Advocate, appointed as Special Counsela/w Shri A.S. Shinde, Addl. G.P for the petitioner / State.Shri Harish S. Bali, Advocate for the sole Respondent....WITHWRIT PETITION NO. 14205 OF 2023GOPAL KISHANRAO SARTAPEVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSADDITIONAL CHIEF SECRETARY AND OTHERS...Shri Salgare Vitthal G., Advocate for the Petitioner.Shri V.D. Sapkal, Senior Advocate, appointed as Special Counsela/w Shri A.S. Shinde, Addl. G.P for the respondents / State.Shri D.V. Tele, Advocate for Respondent No.2.Shri R.K. Ingole, Advocate for Respondent Nos.3 and 4....WITHWRIT PETITION NO.10322 OF 2023SUNIL CHITTE AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA…WITHWRIT PETITION NO. 10323 OF 2023SUNIL NALAWAD AND ANOTHERVERSUSTHE STATE OF MAHARASHTRAShri. A.R. Borulkar, Advocate for petitioner in both wirt petitionShri. V.D. Sapkal, Sr. Advocate appointed as special counsel a/wShri. A.S. Shinde Addl. G.P. for Respondent/State[4] WP-3204-2023 & Ors.odt CORAM : S.G. MEHARE AND SHAILESH P. BRAHME, JJ.. DATE : 08 JANUARY 2025 PER COURT : .Heard the litigating sides. 2.These petitions pertain to the appointments to the post ofSweepers (Safai Kamgars) following the recommendations of LadPage Committee and various Government Resolutions. 3.Writ Petition No.3204/2023 is emanating from thejudgment and order passed by Maharashtra AdministrativeTribunal, directing that the Respondent No.1 therein, should begiven appointment on a compassionate ground. In Writ PetitionNo.3950/2023, the directions are solicited for implementation ofGovernment Resolution dated 24.02.2023 which is the latestpolicy operating in the field. In remaining petitions, directions aresolicited against the Respondents for appointing the Petitionerson the posts of Safai Kamgars with different establishments. 4.Learned Counsel Mr. Sunil Kurundkar appearing for thePetitioner, the learned Senior Counsel Mr. V.D. Sapkal appearingas a Special Counsel in Writ Petition No.3204/2023 and otherCounsels are unanimous that Government Resolution dated24.02.2023 is the latest policy governing the field. All aspects arecovered by the policy including definition of ‘Safai Kamgar’,eligibility for the appointment, modality to be followed whilemaking appointment etc. There is no dispute that the policy has[5] WP-3204-2023 & Ors.odtto be implemented. Government Resolution dated 24.02.2023has not been challenged in any of these petitions. It has beenclarified in the Resolution itself that earlier resolution andcirculars have been superseded and a consolidated scheme hasbeen laid down. In view of this position, the ends of the justicewould be met by directing the litigating sides to implement thelatest policy. 5.The State of Government has come out with comprehensivepolicy Government Resolution dated 24.02.2023. Thecontroversy regarding the definition of Safai Kamgar or theeligibility for the appointment by way of nomination have beenset at rest. The decision of the Supreme Court in the matter ofAhmednagar Mahanagar Palika Vs. Ahmednagar MahanagarPalika Kamgar Union (2022) 10 SSC 172, would not be animpediment in implementing Government Resolution dated24.02.2023. The facts before the Honourable Supreme Court inthat matter are different. 6.We expect the appointing authorities of the establishmentsshould follow Government Resolution dated 24.02.2023. Theindividual claims should be considered objectively. We aretherefore passing following directions in all petitions :(i)The appointments and claims to the post of Safai Kamgarshall be regulated by Government Resolution dated 24.02.2023which shall be implemented by the Employers, AppointingAuthorities or the Competent Authorities of the Establishments.[6] WP-3204-2023 & Ors.odt(ii)The Appointing Authorities, Employers, or the CompetentAuthorities of the Establishments shall conduct objective scrutinyof individual claims of the Petitioners expeditiously in accordancewith the Government Resolution dated 24.02.2023.(iii)The Petitioners or the Intervenors shall be at liberty tosubmit their applications before the Appointing Authorities,Employers or the Competent Authorities of the Establishments, ifnot submitted earlier. (iv)The Appointing Authorities, Employers, or the CompetentAuthorities of the Establishments shall conduct objective scrutinyof the claims and extend the opportunity to submit relevantdocuments to the Claimants and decide the individual claimswithin period of six weeks from the date of receipt of theapplications. (v)In case of rejection of the claims, it shall be open to resortto the remedy as permissible in law. 7.All Writ Petitions and Applications filed therein, are disposedof in above terms. [ SHAILESH P. BRAHME ] [ S.G. MEHARE ] JUDGE JUDGEnajeeb..[7]