Piyush Pramod Shinde v. Ulhasnagar Municipal Corporation Thr. Commissioner And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4788 OF 2021 Piyush Pramod Shinde ...

WRIT PETITION NO.4789 OF 2021 Harshad Mandhar Pradhan WRIT PETITION NO.4790 OF 2021 Omkar Chandrakant Sonavane WRIT PETITION NO.4792 OF 2021 Pooja Prakash Sargar WRIT PETITION NO.4793 OF 2021 Kalyan Chandrakant Gajare 1/4

k 2/4 40 wp 4788.21 as.doc WRIT PETITION NO.4794 OF 2021 Ganesh Ashok Ghube WRIT PETITION NO.4795 OF 2021 Chetan Prakash Chavhan WRIT PETITION NO.4796 OF 2021 Rakesh Chandrakant Pawar WRIT PETITION NO.4797 OF 2021 Rahul Ravindra Pawar WRIT PETITION NO.4798 OF 2021 Laukik Ramakant Tijore 2/4

k 3/4 40 wp 4788.21 as.doc WRIT PETITION NO.5910 OF 2021 Snehal Ashokrao Sontakke Mr. Meelan Topkar i/b Mr. Suresh M. Kamble for the Petitioner in all Wps. Mr. Suresh M. Kamble for Respondent Nos.1 and 2-UMC in all WPs. Mr. R.P. Kadam, AGP for Respondent No.3-State in all WPs. ...

CORAM: S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

DATE : 3 JANUARY 2023.

P.C.:

We have heard the learned Counsel for the Petitioners, learned Counsel for Respondent Nos.1 and 2, learned AGP for Respondent No.3. The learned Advocate for the Petitioners submits that the Petitioners were appointed on contractual basis on the post of Junior Engineer. They had worked for about one and half year. They were terminated from service on the ground that now Respondent Nos.1 and 2 want to outsource the Junior Engineers and the Tender was issued. The learned Advocate for the Petitioners submits that one contractual employee cannot be substituted by another contractual employee.

The learned Advocate for Respondent Nos.1 and 2 submits that the work orders have been issued for supply of Junior Engineers through one 3/4

k 4/4 40 wp 4788.21 as.doc M/s. The Mahatmaphule Multi Services and M/s. Devmamledar Swayam Rozgar Seva Sahakari Sanstha Maryadit. It appears that the Petitioners are terminated on 14 June 2021 and thereafter the work order was also issued to provide for Junior Engineers. Now pursuant to the said work order the fresh Junior Engineers are working.

In view of the above, no further orders can be passed in the present Writ Petition.

It appears that the Petitioners had worked for one and half year and have gained some experience. Respondent Nos.1 and 2 have two Agencies to outsource the Junior Engineers. They are to supply 10 Junior Engineers each. Considering the fact that the Petitioners worked for one and half year and have gained some experience. Respondent Nos.1 and 2 may in future if the need arise consider the Petitioners as may permissible under law. The Writ Petitions are disposed of. No costs. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) 4/4