Dhanraj Arun Deore And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6223 OF 2014 Dhanraj Arun Deore and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Anand V. Indrale Patil and Shri Shrikant T. Veer, Advocates for Petitioners.

Mr. K.G. Patil, Mr. G. K.Thigale, Mr. D. B. Bhange, Addl.G.P. and A.G.P. for Respondents/State.

The Respondent Nos. 3 to 8 served.

WITH WRIT PETITION NO. 6990 OF 2014 WRIT PETITION NO. 6991 OF 2014 WRIT PETITION NO. 7379 OF 2014 WRIT PETITION NO. 9242 OF 2014 WRIT PETITION NO. 9527 OF 2014 WRIT PETITION NO. 9931 OF 2014 WRIT PETITION NO. 10370 OF 2014 WRIT PETITION NO. 826 OF 2015 WRIT PETITION NO. 9029 OF 2014 CORAM : S. V. GANGAPURWALA AND V. L ACHLIYA, JJ.

DATE : 25TH FEBRUARY, 2015.

PER COURT :

.

The learned counsel for the Petitioners submit that the Petitioners in all these writ petitions are lecturers appointed on

2 wp 6223.14 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. 2.

The learned Additional Government Pleader 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.

3.

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.

3 wp 6223.14 4.

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.

5.

The Petitioners who are in continues employment till this date, shall be continued in service as regularized employees. 6.

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.

7.

Accordingly, all the writ petitions are disposed of with aforesaid observations and directions. No cost. [ V. L ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Feb. 15