Santosh Ramdas Ahire And ORS v. The State Of Maharashtra Thr Its Secretary Tribal Development Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.08.05 17:28:54 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE WRIT PETITION NO.8767 OF 2022 Santosh Ramdas Ahire and Ors.

..... Petitioners Vs.

State of Maharashtra and Ors.

..... Respondents Mr.Vivek V. Salunkhe a/w Mr.N.L.Chaudhari for the Petitioner Mr.S.B.Kalel, A.G.P. for the State

CORAM:

S.V. GANGAPURWALA & M.S. KARNIK, JJ.

DATED :

AUGUST 5, 2022 P.C.

The learned counsel for the Petitioners submits that Petitioners are continuously working for more than 10 years in the Ashram Schools on honorarium.

The Petitioner seeks regularisation. The learned counsel submits that this court under order dated 31.10.2018 in Writ Petition No.5867 of 2015 with connected Writ Petitions has granted regularisation. Said judgment of this court is confirmed by the Apex Court. The learned A.G.P. for the Respondents accepts that the Petitioners herein are similarly situated as Petitioners in Writ Petition No.5867 of 2015. 1/3

In light of the above, we follow the same course. (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 of ten 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 01.011.2018.

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

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(v) Writ Petition is disposed of. No costs.

(M. S. KARNIK, J.) (S.V. GANGAPURWALA, J.) 3/3