Sanjay Bhaskar Deshmukh v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO.9137 OF 2021 Sanjay Bhaskar Deshmukh .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents ...

Mr Raju D Bhalerao, Advocate for the Petitioner Mrs M.A. Deshpande, Addl. G.P. for the Respondents - State ...

CORAM : S. V. GANGAPURWALA AND R.N. LADDHA, JJ.

DATE : 21-08-2021 PER COURT : - 1.

The petitioner claims to be working as a Secondary Ashram School Teacher in the Government Aided Post Basic Secondary Ashram School, Mutkhel, Tq. Akole, Dist. Ahmednagar since 2004. The petitioner seeks regularisation of service. The petitioner relies on the judgment of this Court in Writ Petition No.5867 of 2015 with connected writ petitions, decided under judgment and order dated 31.10.2018.

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The factual matrix does not appear to be disputed. The Ashram School is run under the Tribal Development Department in a tribal area. The petitioner completed ten years and more service. We Gajanan

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had, in our judgment dated 31.10.2018 in Writ Petition No.5867 of 2015 and connected writ petitions considered the plight of these persons working in tribal areas and granted them regularisation. 3.

For the reasons recorded in the judgment and order dated 31.10.2018 in Writ Petition No.5867 of 2015 and connected writ petitions, we allow the present writ petition and pass the following order:

ORDER

(i) The respondents shall regularise the services of the petitioner with effect from the date the petitioner has completed ten years of service or on the date of filing of the writ petition, whichever is later. (ii) For all practical purposes, the services of the petitioner shall be considered regular from the date, as observed above. The petitioner will not be entitled for actual financial benefits for the period prior to the present order. The petitioner would be entitled for regular pay-scale from the date of filing of the petition i.e. 11.08.2021. 4.

Writ petition is accordingly disposed of. No costs. [ R.N. LADDHA ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...

Gajanan