Bombay High CourtWP/9848/2022disposed off

Sangita Sonu Gavali And ANR v. The State Of Maharashtra Thr Its Secretary Tribal Development Dept. And ORS

2022-08-19Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Madhav J. Jamdar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2022.08.20 15:20:52 +0530 WRIT PETITION NO. 9848 OF 2022 Sangita Sonu Gavali and Anr.

..... Petitioners Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Vivek Salunke a/w Mr.N.L.Chaudhari and Mr.Vishal Tambat for the Petitioner Mr.S.B.Kalel, A.G.P. for the State

CORAM:

S.V.GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED :

AUGUST 19, 2022 P.C.

The learned Counsel for the Petitioners submits that Petitioners are non-teaching employees of Ashram School. They are working for more than 10 years on temporary employment continuously. The Petitioners seek regularisation. The learned counsel submits that Petitioners are similarly situated as the Petitioners in Writ Petition No.5867 of 2015 decided by the Division Bench of this court at Aurangabad under judgment and order dated 31.10.2018.

The learned A.G.P. appears for the Respondents and upon 1/3

going through the facts accedes that the Petitioners are similarly situated as the Petitioners in Writ Petition No.5867 of 2015 under order dated 31.10.2018.

In light of that, we follow the same course.

ORDER

(i) The respondents shall regularize the services of the petitioners who have completed ten years of service with effect from the date they have completed ten years or the date of filing of writ petition whichever is later. (ii) Those petitioners who are terminated after completion of ten years of service during the pendency of the writ petition shall be reinstated and shall be granted regularization from the date they have filed the petition or after completion often years of service whichever is later.

(iii) For all practical purposes the services of the petitioners shall be considered regular from the date as observed above. However,we may not grant them actual financial benefit for the period prior to the present order. They will be entitled for the regular pay scale from 01.11.2018.

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(iv) The respondents shall count the services of the petitioners from their date of appointment continuously for counting ten years of their service.

Writ Petition is disposed of. No costs.

(MADHAV J. JAMDAR,J.) (S.V. GANGAPURWALA, J.) 3/3