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Bombay High CourtWP/3849/2014disposed offdismissed for default

Abdul Wasey Abdul Waheed Siddiqui And Others v. The State Of Maharashtra And Another

2015-02-24Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO.: 3849 OF 2014 ABDUL WASEY ABDUL WAHEED SIDDIQUI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER WITH WRIT PETITION NO. 117 OF 2014 MADHUBALA GANGADHARRAO MULGE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 2838 OF 2014 SAROJ CHANDRASHEKHAR PATIL (GAWADE)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 3611 OF 2014 PREMLATA YADAVRAO KAMBLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 3872 OF 2014 SHAILESH BHALCHANDRA SHAHAPURE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 4158 OF 2014 BIRADAR AREEFA A SAMAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

WITH WRIT PETITION NO. 4220 OF 2014 SACHIN VASANTRAO SALAMBIKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 9073 OF 2014 GIRISH ARVIND KANADE

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THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 10196 OF 2014 ANSARI AHMAD IQBAL MOHD. ABID AND ANOTHER

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THE STATE OF MAHARASHTRA AND ANOTHER WITH WRIT PETITION NO. 10710 OF 2014 SHYAMSUNDAR NARAYAN PATIL AND OTHERS

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THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 11288 OF 2014 UMESH SARJERAO HIWARALE AND OTHERS

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THE STATE OF MAHARASHTRA AND OTHERS A N D WRIT PETITION NO. 8675 OF 2014 MAHESH KISANRAO SURYAWANSHI AND ANOTHER

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THE STATE OF MAHARASHTRA AND ANOTHER.

...

Advocate for Petitioners : Mr. Kulthe Sudha S. & Mr. Y. Deshmukh / Mr.N.P.Patil Jamalpurkar / Mr.Anand V. Indrale Patil / Mr.A.B.Kadethankar/ Mr.R.P.Adgaonkar & Mr.F.K.Patel & Mr.R.A.H.Patil / Mrs.C.R.Bharaswadkar / Mr.Y.P.Deshmukh & Mr.M.D.Sinde / Mr.P.V.Patil & Mr. A.V.Patil / Mr.R.D.Sanap.

AGP for Respondents: Mr.K.G.Patil / Mr.G.K.Thigale / Mr.D.B.Bhange. ...

CORAM :

S. V. GANGAPURWALA and V. L. ACHLIYA, JJ.

DATE :

24th February, 2015.

PER COURT:

.

The learned counsel for the Petitioners submit that the Petitioners in all these writ petitions are lecturers appointed on contractual basis and are similarly situated as the Petitioners in Writ Petition No.2046 of 2010 decided by this Court at Nagpur Bench vide judgment and order dated 19th October, 2013, wherein this Court had directed the Respondents to regularize the services of such Petitioners and confirm them permanency, who have completed three years service with technical breaks. According to the learned counsel, the said judgment was also assailed before the Apex Court by filing Special Leave Petition and the said Special Leave Petition has been dismissed by the Apex Court. Pursuant thereto, the Division Bench of this Court at principal Seat at Mumbai, has disposed of similar petitions.

According to the learned counsel for the Petitioners, even the Government by Government Resolution dated 14th January, 2015, has regularized the services of such 62 employees. The respective learned AGPs appearing in the writ petitions after considering the writ petitions, accept that the Petitioners in all these writ petitions are similarly situated as the Petitioners in Writ Petition No.2046 of 2010, decided by the Nagpur Bench and the said judgment being confirmed by the Apex Court.

In light of the above and for the reasons recorded in the judgment delivered in Writ Petition No.2046 of 2010 dated 19th October, 2013, by the Nagpur Bench, the present petitions also stand disposed of. The Respondents shall regularize the services of the Petitioners and confirm permanency on such Petitioners who have completed three years of service with technical breaks. The Respondents shall also absorb the Petitioners within a period of six weeks. The Petitioners who are in continues employment till this date, shall be continued in service as regularized employees. It is directed that the Petitioners shall be entitled for the regular salary from 1st March, 2015, and would not be entitled to claim monetary benefits in respect of their past services rendered by them inspite of their regularization. The Petitioners shall be entitled for the continuity in service for all the purposes, except the monetary benefits. Accordingly, all the writ petitions are disposed of with aforesaid observations and directions. No cost.

[ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] ndm