Md. Khalik Shahabuddin Shaikh And ORS v. State Of Maharashtra And ORS

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.

by MEGHA S PARAB Date:

2023.03.04 16:49:38 +0530 MEGHA S PARAB 1/4

Sr.

No.

Name of Petitioners Date of Appointme nt Date of Terminatio n Reference Id. No. and Decision date Date of Rejoining Present status 1.

Md. Khalik Shaboddin Shaikh 27.10.1986 17.07.1989 1/1995 05.02.99 05.02.200 Working as Muster Assistant his service has been deputed to Sub Divisional Officer Solapur No.1 2.

Suresh Sharnappa Vate 01.01.1985 31.08.1988 369/1992 07.08.1997 30.12.199 Working as Muster Assistant his service has been deputed to BDO Akkalkot 3.

Sharanappa Hanmantappa Patil 02.12.1985 05.01.1989 10/1994 23.06.1998 01.09.199 Working as Muster Assistant his service has been deputed to BDO Akkalkot 4.

Sattar Balabhai Nadaf 13.10.1987 29.10.1989 197/1991 16.01.1997 26.02.199 Working as Muster Assistant his service has been deputed to PLAQ Solapur 5.

Maruti Namdev Patole 01.08.1986 28.02.1989 326/1992 25.06.1998 22.09.199 Working as Muster Assistant his service has been deputed to BDO Mohol 6.

Balasaheb Vasantrao Patil 03.03.1986 08.02.1989 113/1994 23.09.1999 05.02.200 Retired on 30/08/2018 7.

Bhausaheb Sahebrao Ingale 04.12.1986 01.08.1988 48/1993 17.10.1996 17.06.199 Working as Muster Assistant his service has been deputed to Tahasildar, Mohol Sidheshwar Tukaram 03.06.1984 01.05.1987 50/1993 17.10.1996 30.12.199 Working as Muster 2/4

Sr.

No.

Name of Petitioners Date of Appointme nt Date of Terminatio n Reference Id. No. and Decision date Date of Rejoining Present status Nagane Assistant his service has been deputed to BDO Mohol.

Pandurang Bapurao Nimase 01.06.1984 31.03.1987 9/1996 12.04.1999 09.02.200 Working as Muster Assistant his service has been deputed to BDO Mohol.

Bhimrao Soma Lavate 08.02.1984 30.08.1988 216/1988 07.02.1997 17.06.199 Working as 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 3/4

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) 4/4