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Bombay High CourtWP/4816/2019disposed off

Shri. Bhanudas Damodar Bhoge And ORS v. The Secretary , Planning Dept. Mantralaya And ORS

2023-03-30Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice Sandeep V. Marne2 pages

Rane 1/2 51-wp-4816-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4816 OF 2019 Shri. Bhanudas Damodar Bhoge and Ors.

....Petitioners V/s.

The Secretary, Planning Dept., Mantralaya and Ors.

.....Respondents ----- Mr. Kiran Bapat, Senior Advocate I.by. Y.B. Lengare, Mrs. Suman Y. Lengare and Ms. Snehal Avhad Advocate for the petitioner. Mr. Pankaj Deokar, Advocate for respondent no.4 in WP(St.) No. 104602019 and for respondents no.10 & 11 in W.P.-12167-2019. Mr. Vishwasrao Deokar a/w. Ms. Vishaka Patel , Advocate for respondents no.7 & 12, 14.

Mr. Nitin Deshpande, Special Counsel a/w. Mrs. R.A. Salunkhe, AGP for State.

CORAM : S.V. GANGAPURWALA, ACTING CJ & SANDEEP V. MARNE, J.

DATE :

th MARCH, 2023.

P.C. :

1.

Petitioners seek directions to extend benefits of Government Resolution dated 1 st December, 1995 and 21 st April, 1999.

2.

It is not disputed that petitioners in the present writ petition, were Muster Assistant. Petitioners were dismissed from service. They filed dispute with the Industrial Court. The Industrial Court allowed the dispute

Rane 2/2 51-wp-4816-2019.doc and granted reinstatement but did not grant permanency. The details of petitioners and the respective dates are detailed as under : Sr.no.

Name of petitioner Date of Appointment Termination Reference IDA/Complaint No. and Revision and Decision High Court Writ Petition No.

Reinstatement

Present

Status 1.

Shri.

Bhanudas Damodar Bhoge 15.10.1985 01.04.1988 28/1993 6912 of 1999, Disposed off 09.04.1999 Retired on 31.05.2015 2.

Shri. Balbhim Namdeo Awate 01.10.1982 07.10.1988 56/1992 4257 of 1999, Dismissed for default 31.12.1998 Retired on 31.05.2015 3.

Shri. Govind Shivaji Gaikwad 01.01.1988 01.04.1989 14/1993 4885 of 1995, disposed off 05.02.2000 Muster Assistant 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 7th September, 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 31st March, 1997, for pensionable services, reckoning date will be 31 st March, 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 st March, 1997 and the pensionable benefits shall be granted to them considering their services with effect from 31st March, 1997, as expeditiously as possible.

4.

With this direction, the Writ Petition is disposed of. NEETA SHAILESH SAWANT NEETA SHAILESH SAWANT Date: 2023.04.10 12:31:10 +0530 (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)