Mr. Marshal Juje D'Souza v. The Sub-Divisional Officer,

sat 1/1 cp 428-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 428 OF 2015 Shri Marshal Juje D'Souza

...Petitioner

vs.

Shri Vilas Kesarkar, Sub-Divisional Officer, Roads and Buildings Sub-Division, Sindhudargh & Anr.

....Respondents Mr.Sunil R. More for Petitioner.

Mr.A.D. Sonkawade I/b. Duinesh B. Khaire for Respondent No.1. Mr.A.R. Patil, AGP for Respondent No.2.

CORAM : S.C. GUPTE, J.

10 AUGUST 2016 P.C. :

Heard learned Counsel for the parties. After the last order passed by this court, i.e. the order dated 26 April 2016, the State Government through its Water Resources Department has passed a Resolution on 27 July 2016 taking the Petitioner on his muster roll on a regular salary (payable to the workman on the basis of the Sixth Pay Commission). Learned AGP has placed on record a copy of that Resolution dated 27 July 2016. The copy is taken on record, marked "X" for identification. Considering the Resolution, the grievance of the Petitioner has been fully addressed and no orders are necessary on the contempt petition.

It is clarified on the basis of the statement made in court by the learned AGP that the continuation of the post upto 28 February 2017 mentioned in the GR of 27 July 2016 is only on the basis that the particular project continues only upto that date and all posts in that project have been continued only upto that date. After this date, as in the case of all other employees working on the project, an extension will have to be obtained for further continuation of the posts and if the project is over by that date, the Petitioner will have be absorbed into some other project of the Respondent State.

(S.C. Gupte, J.)