Maharashtra State Road Transport Corporation Through Its Divisional Controller v. Jaiprakash Limbajirao Mhetre

1 wp 8638.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8638 OF 2022 Babita Mahesh Patil Shri Sandip Swami, Advocate h/f Shri Shashikiran N. Patil, WRIT PETITION NO. 8663 OF 2022 Damaji Samindar Suryawanshi WRIT PETITION NO. 8664 OF 2022 Sangita Tukaram Survase Shri Babasaheb A. Dengale, Advocate for the Respondent.

2 wp 8638.22 WRIT PETITION NO. 8665 OF 2022 Neeta Vilas Kamble Shri Babasaheb A. Dengale, Advocate for the Respondent. WRIT PETITION NO. 8666 OF 2022 Mahadev Digambar Ingale WRIT PETITION NO. 8667 OF 2022 Shrinivas Vishwanath Shanime WRIT PETITION NO. 8668 OF 2022

3 wp 8638.22 Chandbi Riyazoddin Khadim WRIT PETITION NO. 8669 OF 2022 Jaiprakash Limbajirao Mhetre WRIT PETITION NO. 8670 OF 2022 Divisional Controllar Ankush Baburao Kale WRIT PETITION NO. 8671 OF 2022

4 wp 8638.22 Prakash Kashinath Shanime CORAM :

SANDEEP V. MARNE, J.

DATE :

19TH DECEMBER, 2022.

FINAL ORDER :

.

By present petitions, petitioner-corporation is aggrieved by the judgment and order dated 19.01.2022 passed by the Industrial Court, Latur thereby directing grant of retrospective appointments to respondents on the post of Clerk cum typist with effect from March 2021 along with difference of salary and allowances between the post of Conductor and clerk-cum-typist. A further direction is issued to regularize services of the respondents on the post of clerk-cum-typist as per the seniority with effect from March 2021 and pay the difference of salary and allowances.

2.

Learned counsel appearing for respondents submit that they have filed undertaking with the petitioner-corporation expressing willingness to forgo their entitlement to difference of salary and allowances between the post of conductor and clerkcum-typist.

5 wp 8638.22 3.

Mr. Bagul, learned counsel appearing for the petitioner submits that the petitioner-corporation is willing to implement the orders passed by the Industrial Court with a caveat that the respondents will not be entitled to difference of salary and allowances and that the process of regularization will be conducted strictly in accordance with seniority list dated 24th March, 2021 and the circular dated 20.08.1990 with prospective effect.

4.

Accordingly present petitions are disposed of with the directions to the petitioner-corporation that it shall consider cases of the respondents for regularization on the post of clerkcum-typist strictly in accordance with seniority list dated 24.03.2021 and circular dated 20.08.1990 on prospective basis. Till their regularization, they shall be continued on the post of clerk-cum-typist on temporary basis. The respondents shall not be entitled to difference of salary and allowances between the post of conductor and clerk-cum-typist. They shall be paid salary and allowances on the post of clerk-cum-typist from the dates of their respective regularization. The entire exercise of consideration of cases of the respondents for regularization on the post of clerk-cum-typist shall be completed within a period of one (01) month from today.

Needless to say, in the event any of the respondents not being found fit for regularization on the post of clerk-cum-typist he/she shall be discontinued on that post with consequential reversion on the post of conductor. To this extent orders passed by the Industrial Court are modified.

6 wp 8638.22 Writ Petitions are disposed of. There shall be no order as to costs. [SANDEEP V. MARNE, J.] bsb/Dec. 22