Hanmant Baburao Deshmukh And ORS. v. The State Of Mah.And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5162 OF 2004 CA/8032/2006 IN WP/5162/2004 CA/1409/2008 IN WP/5162/2004 MAHA PADVIDHAR ANSHKALIN KARMACHARI WELFARE ASSOCITION THROUGH ITS VICE PRESIDENT STATE OF MAHARASHTRA & OTHERS CA/5296/2008 IN WP/5162/2004 SUJITKUMAR UDEBHAN CHAVAN AND OTHERS CA/5297/2008 IN WP/5162/2004 NANDKISHOR BAJIRAO INGLE AND OTHERS CA/5298/2008 IN WP/5162/2004 MAHENDRA BHAUDAS KHOBRAGADE AND OTHERS.

CA/5299/2008 IN WP/5162/2004 PASPULWAR VENKATESH RAJARAM AND OTHERS THE STATE OF MAHARASHTRA.

CA/5300/2008 IN WP/5162/2004 TUKARAM ANNADA SURYAWANSHI AND OTHERS

CA/5301/2008 IN WP/5162/2004 DINESHKUMAR GAURISHANKAR AVASTHI AND OTHERS.

CA/1249/2012 IN WP/5162/2004 MAHARASHTRA PADVIDHAR ANSHKALIN KARMACHARI WELFEARE ASSOCIATION, NAGPUR CIVIL APPLICATION NO.11274/2012 IN WP 5162/2004 DEEPAK RAGHUNATHJI BANKAR WP/2115/2005 CA/9774/2006 IN WP/2115/2005 HANMANT BABURAO DESHMUKH AND OTHERS.

WP/3938/2004 MILIND DASHRATH SABLE AND OTHERS WP/4931/2004 SMT MANGAL RAOSAHEB DESHMUKH WP/5146/2004 NANDU MARUTI KUTE AND OTHERS

WP/5147/2004 YOGANAND CHINCHONE AND ANOTHER WP/5148/2004 SUNIL RAJNARSU PARIPELLI WP/5150/2004 VIJU BHAURAO DINDE THE STATE OF MAHARASHTRA AND OTHRS.

WP/5152/2004 SAYYAD NISAR SAYYED MAHBOOB AND ANOTHER WP/5153/2004 TRIMBAK LAXMAN PATEKAR WP/5154/2004 MADHUKAR ASHROBA VARHADE WP/5155/2004 ABARAO TUKARAM CHAVAN

WP/5157/2004 KADUJI RAMBHAU NARVADE AND ANOTHER WP/5158/2004 VILAS TRIMBAKRAO BHALERAO AND OTHERS THE STATE OF MAHARASHTRA OTHERS.

WP/5159/2004 SANJAY NAGNATH AKOLE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WP/5160/2004 RITESH JAIPRAKASH ASAR WP/5163/2004 SMT JAISHRI BHAWANRAO KOKAD WP/5164/2004 JEEVAN DADARAO KADAM WP/5165/2004 JANARDHAN GYANABE DUGANE WP/5166/2004 SANJAYKUMAR PANDHARINATH KADAM

WP/5167/2004 UTTAM MOTIRAM NAGARGOJE WP/5168/2004 BHUJANG BALIRAM KOLHE AND OTHERS WP/5169/2004 PRAYAG JALBA SONKAMBLE WP/5170/2004 SUBHASH CHHATRU RATHOD WP/5252/2009 RAVINDRA LAXMAN POLASWAR AND ANOTHER WP/6271/2004 SHRINIWAS HARIBHAU KHAIRE AND OTHERS.

WP/6384/2004 PRABHAKAR MURLIDHAR PHATANGALE AND OTHERS.

STATE OF MAHARASHTRA AND OTHERS.

Advocate for Petitioner : Mr. S B Talekar AGP for Respondents: Miss S.S. Raut Mr. Y.R.Barhate h/f Mr. Bhagwat Shinde Advocate for Resp Z.P in WP 5165, 5166,5167,5168/2004 ...

CORAM : A.V. NIRGUDE & V.K. JADHAV, JJ.

Dated: October 20, 2015 PER COURT :­ 1.

All these petitions now deserves to be disposed of in view of developments that took place after the year 2004. The petitioners are the representatives of persons who were part time employees of State of Maharashtra. A scheme was floated by the State of Maharashtra to provide part time employment to deserving unemployed graduate candidates. For some year, scheme was implemented and part time employment was provided to thousands of unemployed youth. On 27.10.2009 the Government of Maharashtra passed a resolution and indicated that they would provide 10% horizontal reservation to the class of candidates who had worked for the Government as per the scheme referred to above. The petitioners expressed their grievance that despite of resolution of 2009, their class is neglected. This Court vide order dated 6.1.2012 directed the State of Maharashtra to file an affidavit or explaining the following points.

1. As to whether all the departments of the State Government have been directed to provide 10% horizontal reservation for the part time workers category.

2. as to whether in the recruitment process, carried out after 27.10.2009, recruitment agencies have scrupulously followed the Government resolution dated 27.10.2009 or not;

3. as to how many posts have been in fact reserved in the recruitment process carried out after 27.10.2009 for the posts to be filled in from part time workers; and

4. as to whether in fact how many such part time workers have been granted employment.

2.

We found that most of the grievances of the petitioners are redressed. Several steps are taken to ensure that class of petitioners would be provided 10% horizontal reservation in terms of the resolution dated 27.10.2009. We are also came across several advertisements in which reservation was provided. Petitions thus have served their purpose and we are now disposing them of. We made it clear at the request of the learned counsel for the petitioners that, in case, the petitioners come across any incident which would amount to breach of promise given by the State of Maharashtra through its resolution of 2009, they are free to make complaint about it to this Court and the

Court would take appropriate steps in that regard. 3.

Writ Petitions thus disposed of. No costs.

4.

In view of disposal of writ petitions, all pending civil applications stand disposed of accordingly.

( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. ) aaa/­