Trysem And Mini Iti Employees Union Thr Member v. The State Of Maharshtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 3444 OF 2024 IN WP/5841/2012 BHIMRAJ MAGAN SHINDE
VERSUS
TRYSEM AND MINI ITI EMPLOYEES UNION THR MEMBER AND ORS .....
WITH CIVIL APPLICATION NO. 2761 OF 2024 IN WP/5841/2012 TRYSEM AND MINI ITI EMPLOYEES UNION THR ITS MEMBER VINOD BHASKAR SHIRSALE
VERSUS
STATE OF MAHARSHTRA AND ANR .....
WITH WRIT PETITION NO. 614 OF 2003 SHAIKH GULAM NABI SK.HASAN AND ANR
VERSUS
STATE OF MAHARASHTRA AND ORS .....
WITH CIVIL APPLICATION NO. 8636 OF 2018 IN WP/5841/2012 TRYSEM AND MINI ITI EMPLOYEES UNION THR MEMBER
VERSUS
THE STATE OF MAHARSHTRA AND ANR .....
WITH WRIT PETITION NO. 10424 OF 2012 THE PROJECT DIRECTOR, ZILLA GRAMIN VIKAS YANTRANA,
OSMANABAD AND ORS
VERSUS
SUHAS BHIMASHANKAR KUPADE AND ORS .....
WITH WRIT PETITION NO. 1222 OF 2017 THE PROJECT DIRECTOR ZILLA GRAMIN VIKAS YANTRANA OSMANABAD AND ANOTHER
VERSUS
TULSHIRAM GANGARAM KARDE AND OTHERS .....
WITH WRIT PETITION NO. 5841 OF 2012 TRYSEM AND MINI ITI EMPLOYEES UNION THR MEMBER
VERSUS
THE STATE OF MAHARSHTRA AND ANR Mr. S. V. Dixit, Advocate for the Applicant Mr. P. K. Lakhotiya, AGP for the Respondent/State CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.
DATE : 19th April, 2024 PER COURT :- ORDER BELOW CIVIL APPLICATION NO. 3444 OF 2024 1.
The learned Advocate for the Petitioner submits on instructions that the Civil Application No. 3444 of 2024, need not be kept pending since the name of the Applicant is already found in the array of Petitioners. This Civil Application is, therefore, disposed off.
ORDER BELOW CIVIL APPLICATION NO. 8636 OF 2018 2.
In Civil Application No. 8636 of 2018, the Petitioner prays for continuation of the services of the members of the Applicant Union as per the policy decision of the State Government dated 15th December, 2016. Considering the status quo order passed by this Court on 13th July, 2018, some employees have been continued. The learned Advocate Mr. Dixit submits that some employees are in service and some are not in service.
3.
Since some are in employment, the Civil Application need not be kept pending. This Civil Application is disposed off. ORDER BELOW CIVIL APPLICATION NO. 2761 OF 2024 4.
In Civil Application No. 2761 of 2024, it is prayed that Respondent No.1 be directed to order the Zilla Parishad and the District Rural Development Agency to absorb the services of the employees on vacant posts in Primary Health Centres of Zilla Parishad or any other vacant posts, in the Zilla Parishad similar to the appointment orders issued in favour of employees working in TRYSEM Centre, Osmanabad. 5.
If an order of absorption is passed on a Civil Application just because there are vacant posts, the Petition would virtually stand allowed without any hearing. Instead, we deem it appropriate to let the
Zilla Parishad consider whether any of these applicants can be absorbed until the decision in the Writ Petition.
6.
Prayer clause A has been put forth by the Applicant as under: "A) That, the respondent No.1 be directed to further direct Zilla Parishad and District Rural Development Agency of all Zilla Parishads to absorb services of members of applicant union on vacant posts in primary health centers of Zilla Parishad or any other vacant posts in Zilla Parishad equivalent to appointment orders issued in favour of employees working in TRYSEM Centre Osmanabad." 7.
The learned AGP submits that considering the prayer clause, a reply would be necessary. As such, let the reply be filed on or before 3rd May, 2024.
8.
List this Civil Application on 10th May, 2024 in the 'urgent orders' category. Needless to state, interim protection granted earlier would continue.
( R. M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. ) ssp