The State Of Mah. v. Mirza Taher Baig Mirza Abdullah

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5138/2002 1] The State of Maharashtra G.P.H.C. A'bad 2] The Joint Director of Health Services, Maharashtra State, Pune-1 3] The Assistant Director of Health Services, Maleria Aurangabad.

4] The Deputy Director of Health Services, Latur Circle, Latur 5] District Maleria Officer, Beed, Dist.Beed.

[ORIG.RESPONDENTS]

VERSUS

Mirza Taher Baig Mirza Abdullah Age 32 years, Occu.M.P.W.

Presently working at under P.H.C. Tadsonna Tq. Beed Dist.Beed.

.. RESPONDENT [ORIG.APPLICANT] ...

WRIT PETITION NO.5139 OF 2002 Through G.P. H.C. Aurangabad.

-24]The Deputy Director of Health Services, 1]Sandipan Sadashivrao Jawanjal, Age: 32 Years, Occ. : M.P.W.

Presently working Sub Centre, Gadhi under P.H.C. Nipani-Javalka, Tq. Georai, Dist. Beed.

..RESPONDENTS ..(Ori. Applicant) WRIT PETITION NO.5148 OF 2002 Through G.P. H.C. Aurangabad.

-34]The Deputy Director of Health Services, 1]Shaikh Moin Dadamiya, Age: 31 Years, Occ. : M.P.W.

Presently working Sub Centre, Rakshasbhuvan under P.H.C. Umapur, Tq. Georai, Dist. Beed.

..RESPONDENT ..(Ori. Applicant) WRIT PETITION NO.5166 OF 2002 TThrough G.P. H.C. Aurangabad.

4]The Deputy Director of Health Services,

-41]Shaikh Abdul Raheman Shaikh, Age: 34 Years, Occ. : M.P.W.

Presently working Sub Centre, Pimpladevi under P.H.C. Tadsonna, Tq. Beed,Dist. Beed.

..RESPONDENT ..(Ori. Applicant) WRIT PETITION NO.514 OF 2003 Through Presenting Officer M.A.T., Bench at Aurangabad.

Near Vishant Wadi.

Near Baba Petrol Pump.

4]The Deputy Director of Health Services,

-51]Sk. Rafiq Sk. Ibrahim, Age: 38 Years, Occ. : M.P.W.

Presently working at Dist. Malaria Officer, 2]Uttam S/o Ambadas Kasbe, Age: 37 Years, Occ. : M.P.W.

Presently working Sub Centre, Pimpladevi under P.H.C. Chinchwan, Dist. Beed.

..RESPONDENTS ..(Ori. Applicants) WRIT PETITION NO.515 OF 2003 Through Presenting Officer M.A.T.

Bench at Aurangabad.

Near Vishant wadi.

Near Baba Petrol Pump.

4]The Dy. Director of Health Services,

-61]Vishnu S/o Eknathrao Garje, Age: 35 Years, Occ. : M.P.W.

Presently working at P.H.C. Ashti, Tq. Ashti, Dist. Beed.

2]Yada S/o Janardhan Pawal, Age: 34 Years, Occ. : M.P.W.

Presently working at P.H.C. Wahali, Dist. Beed.

3]Sadanand S/o Prabhakar Dhase, Age: 32 Years, Occ. : M.P.W.

Presently working at Sub-Centre- Parner, Under P.H.C. Naygaon, Tq. Patoda, Dist. Beed.

..RESPONDENTS ..(Ori. Applicants) WRIT PETITION NO.516 OF 2003 Through Presenting Officer M.A.T.

Bench at Aurangabad.

Near Vishant wadi.

-7Near Baba Petrol Pump.

4]The Dy. Director of Health Services, 1]Ranu S/o Manikarao Waghmare, Age: 28 Years, Occ. : M.P.W.

Presently working at P.H.C. Tadsonna, Dist. Beed.

2]Pandharinath S/o Kashinath Parekar, Age: 29 Years, Occ. : M.P.W.

Presently working at P.H.C. Ashti, Dist. Beed.

3]Khan Mohammad Hamid Khan, Age: 34 Years, Occ. : M.P.W.

Presently working at District Malaria Office, Dist. Beed.

4]Dnyanoda S/o Nivrutti Garje, Age: 28 Years, Occ. : M.P.W.

Presently working at P.H.C. Ashti, Dist. Beed.

5]Shahji S/o Govindrao Garje Age: 29 Years, Occ. : M.P.W.

Presently working at Sub-centre Yelda, Under P.H.C. Patoda, Dist. Beed.

6]Saheb S/o Manikrao Kamble, Age: 28 Years, Occ. : M.P.W.

Presently working at Sub-Centre Yelda, Under P.H.C. Bhavthan, Tq. Ambajogai,

-8Dist. Beed.

7]Pandit S/o Kakasaheb Sanap, Age: 34 Years, Occ. : M.P.W.

Presently working at P.H.C. Shiroor, Dist. Beed.

..RESPONDENTS ..(Ori. Applicants) WRIT PETITION NO.517 OF 2003 Through Presenting Officer M.A.T.

Bench at Aurangabad.

Near Vishant wadi.

Near Baba Petrol Pump.

4]The Dy. Director of Health Services, 1]Sunil S/o Motiram Gaikwad, Age: 32 Years, Occ. : M.P.W.

Presently working at District Malaria Office,

-92]Shaikh S/o Majid Mader, Age: 28 Years, Occ. : M.P.W.

Presently working at P.H.C. Naygaon, (Tamba-rajuril),Dist. Beed.

3]Eknath S/o Tushiram Salve, Age: 37 Years, Occ. : M.P.W.

Presently working at P.H.C. Naygaon, Rajuri, Tq. and Dist. Beed.

4]Ramchandra S/o Shankarrao Bahir, Age: 29 Years, Occ. : M.P.W.

Presently working at P.H.C. Raimoha, Dist. Beed.

5]Babasaheb S/o Apparao Mhaske, Age: 48 Years, Occ. : M.P.W., P.H.C. Kuppa, Dist. Beed.

6]Ashok S/o Ramchandra Garje, Age: 29 Years, Occ. : M.P.W.

Presently working at Civil Dispensary Dharur, Tq. Dharur, Dist. Beed.

7]Shankar S/o Manikrao Kadam, Age: 29 Years, Occ. : M.P.W.

Presently working at Civil Dispensary Dharur, Tq. Dharur, Dist. Beed.

8]Sanjay S/o Tulshiram Sasane, Age: 33 Years, Occ. : M.P.W.

P.H.C. Patoda, Tq. Patoda, Dist. Beed.

..RESPONDENTS ..(Ori. Applicants) WRIT PETITION NO.518 OF 2003

-10Through Presenting Officer M.A.T.

Bench at Aurangabad.

Near Vishant wadi.

Near Baba Petrol Pump.

4]The Dy. Director of Health Services, 1]Shashikant S/o Prakashrao Deshmukh, Age: 30 Years, Occ. : M.P.W.

Presently working at P.H.C. Nandurghat, Dist. Beed.

2]Sayyed Sajed Iliyas, Age: 28 Years, Occ. : M.P.W.

Presently working at P.H.C. Naigaon, Dist. Beed.

3]Ambadas S/o Machindra Pawal, Age: 32 Years, Occ. : M.P.W.

Presently working at P.H.C. Shioor, Dist. Beed.

..RESPONDENTS ..(Ori. Applicants)

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Mr.A.D.Namde, AGP for petitioners State Adv.Mr.Dhananjay Mane h/f Mr.M.M.Patil And Mr.J.S.Deshmukh for respondents.

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CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL,JJ.

DATE : 31/08/2017 ORAL JUDGMENT PER [S.V.GANGAPURWALA,J.] :- Heard learned AGP for the petitioners and the learned counsel for respondents.

2] The petitioner assails the order passed by the Tribunal directing the present petitioner to treat the respondents as regular appointees on the post of Multipurpose Health Workers and to adjust their seniority on the basis of the marks obtained by them at the post basic training therein.

3] This Court at the time of admission of the Writ Petition had refused interim relief. The Tribunal has considered that the present respondents were appointed as Seasonal Spraying Workers thereafter, in accordance with the Recruitment Rules to the post of Multipurpose Health Workers and in accordance with guidelines laid

-12down in Government Resolution dated 27/5/1997. The respondents were selected for the post of Multipurpose Health Workers on successful completion of the basic training. The respondents were appointed as bonded candidates initially for a period of six months. Though there were no further orders, the respondents were continued as bonded candidates. The Tribunal had considered earlier judgment and the judgment of this Court in Writ Petition No.1370/1998 and directed that the Government Resolutions dated 27/5/1997 and 17/9/1997 should be followed. The case of the respondents is covered by the said Government Resolutions. 4] The learned counsel for respondents further submits that the order of the Tribunal has also been complied by the petitioners and order to that effect has been issued to the respondents. 5] In light of the above, no case for interference is made out. Writ Petitions as such are disposed of. Rule discharged. No costs. (MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/