Nita Nansing Naik v. The State Of Maharashtra Through Its Secretary And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO.10857 OF 2023 NITA NANSING NAIK 932 WRIT PETITION NO.10858 OF 2023 SANGITA SHANKAR VALVI 933 WRIT PETITION NO.10859 OF 2023 VARSHARANI SHAMRAO GAVIT 934 WRIT PETITION NO.10860 OF 2023 RAJANEE MAGAN VALVI 935 WRIT PETITION NO.10861 OF 2023 ANITA MALSING VALVI

( 2 ) 936 WRIT PETITION NO.10863 OF 2023 VIMAL KALU VASAVE 937 WRIT PETITION NO.10864 OF 2023 MADHURI SUHAS VALVI 938 WRIT PETITION NO.10865 OF 2023 NIRMALA LAGANU PAWAR 939 WRIT PETITION NO.10866 OF 2023 SARALA KANTILAL VASAVE 940 WRIT PETITION NO.10867 OF 2023 PAURNIMA KEVAJI VALVI 941 WRIT PETITION NO.10868 OF 2023

( 3 ) VAISHALI GANESH VASAVE 942 WRIT PETITION NO.10869 OF 2023 DEEPMALA SATISH VALVI 943 WRIT PETITION NO.10871 OF 2023 MALTI SEDA PAWARA 944 WRIT PETITION NO.10872 OF 2023 SANDHYA SEGAJI VALVI 945 WRIT PETITION NO.10873 OF 2023 PRAMILA UKHA PENDHARKAR 946 WRIT PETITION NO.10874 OF 2023 LATABAI BHIMSING BHAMRE

( 4 ) 947 WRIT PETITION NO.10875 OF 2023 AVANTI MAKADYA GAVALI ...

Advocate for Petitioners : Mr. Reddy Ajinkya AGPs for Respondents/State : S/S Shri A.V. Deshmukh, S.K. Tambe, S.G. Karlekar, V.M. Kagne & P.K. Lakhotiya Advocate for UOI/Respondents : Mr. A.G. Talhar, DSGI a/w. B.M. Dhanure, D.B. Gaikwad Advocate for Respondent No. 7 - Z.P. : Mr. P.S. Patil ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

31st August, 2023 P.C. :- 1.

In all these Writ Petitions, leave to correct the description of Respondent No.4. In Writ Petition No.10861/2023, leave to correct the husband's name as 'Mansing'. Corrections be carried out forthwith. 2.

In all these petitions, deficit Court fees of Rs.125/- shall be cleared within 5 days.

3.

The learned Standing Counsels for the Union of India appear and waive service of notice on behalf of Respondent Nos.2 and 5. The learned

( 5 ) advocate waives service of notice on behalf of Respondent No.3-Zilla Parishad Nandurbar. The learned AGPs waive service of notice on behalf of Respondent Nos.1 and 3.

4.

In identical set of circumstances, this Court has delivered an order, issuing certain directions to the authorities. All these Petitioners are working as Auxiliary Nurse Midwife (ANM). All of them are working on contractual basis with tenures of 11 months each and are paid honorarium of Rs.21,000/- per month. No allowances are payable to them. Their contractual services end by efflux of time. They have been granted continuation with artificial breaks in service and are working for more than 13 years. 5.

Similarly situated petitioners had approached this Court in Writ Petition No.5252/2020 along with a large group of petitions, filed at Aurangabad, and by an order dated 24/11/2021, this Court concluded that, they cannot be granted regularization while working on a project with the Zilla Parishad. Each of these petitioners had accepted contractual service with eyes wide open and on consolidated payments.

6.

We, therefore, find that, neither can we direct their regularization, nor could any such order be passed, for continuing them in service, in the light of the judgment in Secretary, State of Karnataka and others v/s Umadevi (3) and others, (2006) 4 Supreme Court Cases 1.

( 6 ) 7.

Since this Court observed in paragraph No.11 in it's aforesaid order dated 24/11/2021, the petitioners may approach the State Government with a request for regularization and the State Government would consider, whether their grievance could be redressed. The petitioners pray that this Court should also issue a similar order.

8.

We find that the Hon'ble Apex Court has observed in Secretary, State of Karnataka V/s Umadevi (supra), that the appropriate authority may consider as a one time measure of granting regularization to such employees, who have completed more than 10 years. It calls for no debate that these petitioners cannot continue on contractual basis for their entire lifetime. Security of employment and pensionary and retiral benefits are inherently vital and decisive aspects, which enable a human being to live a life with dignity and respect. It is undisputed that the project under which they were appointed on contractual basis still continues and is executed through the Zilla Parishads in this State and are funded by the Union of India under the National Health Mission.

9.

In the aforesaid backdrop, these petitions are disposed off, with a direction to the Union of India and the State Government, to prepare a data of all such petitioners/employees, including those who have not approached the High Court or the Industrial Court, across the State of Maharashtra, and

( 7 ) consider whether the Union of India and the State Government can introduce a measure for considering the absorption of such employees, in the light of the law expressed by the Hon'ble Apex Court in Secretary, State of Karnataka V/S Umadevi (supra).

10.

We make it clear that, we have not expressed any opinion on the merits of the claim of these petitioners and it is left to the Union of India and the State Government to take a decision, keeping in view that the petitioners are approaching the Courts for seeking relief after having worked for more than 10 years on contractual basis. We expect the Union of India and the State Government to collect such data within 120 days and take a policy decision as they may deem fit and appropriate, on or before 150 days. 11.

Needless to state, if the proposals of these Petitioners are already considered in the light of our directions 20.06.2022 in Writ Petition No.2461/2022 and group of cases decided at Aurangabad, their cases will be considered in accordance with those proposals. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub