The State Of Maharashtra Through The Principal Secretary And ORS. v. Shri. Rizwan Hasan Waghoo

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11443 OF 2016 Vinod Ramchandra Badekar Respondent WRIT PETITION NO. 13542 OF 2016 Dhanesh Gundra Pore & Ors.

Respondents WRIT PETITION NO. 13664 OF 2016 Chandrasen Rama Kale & Anr.

Respondents WRIT PETITION NO. 13665 OF 2016 Rajesh Ganesh Dhabale & Anr.

Respondents WRIT PETITION NO. 13666 OF 2016 Tushar Vasant Nikam Respondent

WRIT PETITION NO. 13667 OF 2016 Nandkumar Dhondiba Kalgonda & Ors.

..Respondents WRIT PETITION NO. 13668 OF 2016 Prasad Shantaram Kamble Respondent WRIT PETITION NO. 13669 OF 2016 Miss Komal Dayanand Katte Respondent WRIT PETITION NO. 13670 OF 2016 Rahul Vishwanath Padhen Respondent WRIT PETITION NO. 13671 OF 2016 Chandrashekhar Rangrao Jadhao Respondent

WRIT PETITION NO. 13672 OF 2016 Smt. Smita Maruti Naikade Respondent WRIT PETITION NO. 13673 OF 2016 Nitin Keshav Sonawane & Ors.

Respondents WRIT PETITION NO. 13674 OF 2016 Abhijit Sidram Powar & Ors.

Respondents WRIT PETITION NO. 13675 OF 2016 Sunil Bhatu Patil & Anr.

Respondents WRIT PETITION NO. 13676 OF 2016 Nitin Dattatraya Vyapari Respondent WRIT PETITION NO. 13677 OF 2016 Sameer Narendra Mayekar Respondent

WRIT PETITION NO. 13678 OF 2016 Rizwan Hasan Waghoo Respondent WRIT PETITION NO. 13679 OF 2016 Smt. Sharmila D. Udavant & Ors.

Respondents WRIT PETITION NO. 13680 OF 2016 Anil D. Gawande & Ors.

Respondents WRIT PETITION NO. 13681 OF 2016 Rupesh Raghaw Kadaw Respondent WRIT PETITION NO. 13682 OF 2016 Pravin Janbarao Deshmukh Respondent WRIT PETITION NO. 13683 OF 2016 Sandeep Ramchandra Pawar & Ors.

Respondents

WRIT PETITION NO. 4913 OF 2018 Pankaj B. Wagh & Ors.

Respondents Mr. S. K. Nair - Special Counsel for State / Petitioners in WP 13542 of 2016.

Mr. O. M. Kulkarni - AAGP for State /Petitioners in WP 11443 of 2016, 13664 to 13683 of 2016.

Mr. B. A. Bandiwadekar with Mr. G. A. Bandiwadekar for Respondent in WP 13669 of 2016.

Ms Ranjana Todankar for Respondent in WP 11443, 13668, 13670, 13671, 13672, 13676, 13677, 13678, 13681 and 13682 all of 2016, for Respondent Nos. 1 and 2 in WP 13664, 13665, 13675, for Respondent Nos. 1 to 3 in WP 13679, 13680 both of 2016, for Respondent Nos. 1, 2, 4 and 5 in WP 13667 of 2016, for Respondent Nos. 1 to 5 in WP 13673 of 2016 and for Respondent Nos. 2, 9, 14, 16 and 17 in WP 13683 of 2016.

Mr. O. M. Kulkarni - AAGP for State / Petitioners in WP 4913 of 2018.

Mr. Nitin P. Deshpande for Respondent Nos. 1 to 7 in WP 4913 of 2018.

CORAM: SMT. V. K. TAHILRAMANI, Acting C. J. & M. S. SONAK, J.

DATE : 23 APRIL 2018 P.C. :

1] Heard the learned counsel for the parties.

2] The challenge in this batch of petitions is to the common judgment and order dated 27th April 2016 made by the Maharashtra Administrative Tribunal (MAT) in Original Application Nos. 467, 524, 585, 589, 606, 632, 633, 636, 638, 648, 667, 742, 766, 767, 768, 786, 791, 808, 809, 822 , 904, 960 and 1054 all of 2015 and judgment and order dated 12th April 2017 in OA No. 738 of 2016 (impugned judgments and orders).

3] After the matters were argued for some time, at the request of the learned counsel for the parties, we set aside the impugned judgments and orders and remit the respective Original Applications to the MAT for fresh adjudication in accordance with law and on their own merits.

4] At the request of the learned counsel for the parties, we clarify that all contentions of all parties are left open for adjudication by the MAT.

5] Since, some issues were raised as regards the

operation of the interim relief during the pendency of the Original Applications before the MAT, we direct that the following interim arrangement shall operate until the MAT disposes of the Original Applications finally :- (A) The original applicants in each of the Original Applications where there was already an interim order made by the MAT, will be allowed to continue to work on contractual basis on the same contractual terms and conditions. However, none of the applicants, shall claim any equities on the basis of such interim arrangement, which is clearly without prejudice to the rights and contentions of either parties ;

(B) The aforesaid shall not preclude the State / Respondents before the MAT from taking steps to fill up the post of instructors etc. as held by the original applicants on regular basis. The original applicants, without prejudice to their rights and contentions in the Original Applications will be entitled to take part in such regular selection process, if undertaken by

the respondents;

(C) In case, the State / Respondents seek to discontinue the scheme of making appointments on contractual basis and for that reason, seek to discontinue the contractual services of the original applicants before the MAT, the State / Respondents, shall be at liberty to apply to the MAT for seeking variation / modification of this interim arrangement; 6] The interim arrangement as aforesaid, is basically to restrain the State / Respondents before the MAT to replace one set of contractual appointees by another set of contractual appointees. The interim arrangement is not to prevent the State / Respondents before the MAT from initiating process for regular appointments, if, they choose to do so. The regular appointments, if made, shall however be subject to final orders in the Original Applications before the MAT. This should be clearly stated in the appointment orders, so issued.

7] In the peculiar facts and circumstances of the present

case, we request the MAT to dispose of all the Original applications as expeditiously as possible;

8] All these petitions are disposed of in the aforesaid terms. There shall be no order as to costs.

9] All the parties to appear before the MAT on 4th June 2018 at 11.00 a.m. and produce authenticated copy of this order.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) CHANDKA