Bombay High CourtWP/11317/2019disposed offdismissed for default

Rukhamini @ Paru Narayan Dhadwad v. The State Of Maharashtra And Others

2020-03-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.9213 OF 2019 Lahu Anaji Pichad ..

Petitioner

Versus

The State of Maharashtra and ors.

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Respondents - AND - WRIT PETITION NO.11125 OF 2019 Chimaji s/o Kondaji Bande ..

Petitioner

Versus

The State of Maharashtra and ors.

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Respondents WRIT PETITION NO.11317 OF 2019 Rukhamini @ Paru d/o Narayan Dhadwad ..

Petitioner

Versus

The State of Maharashtra and ors.

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Respondents WRIT PETITION NO.12578 OF 2019 Yogita d/o Hari Pichad ..

Petitioner

Versus

The State of Maharashtra and ors.

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Respondents WRIT PETITION NO.7093 OF 2019 Chhabutai d/o Mhatarba Wadekar and ors.

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Petitioners

Versus

The State of Maharashtra and ors.

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Respondents Mr R.D. Bhalerao, Advocate for petitioner Mrs V.S. Choudhary, A.G.P. for respondents no.1 to 4 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 5th March 2020

ORAL ORDER :

1.

The petitioners claim to be working as Assistant Teachers in the Post Basic Ashram Schools at Pimparkane, Shirpunje, Taluka Akole, District Ahmednagar since 2009. The petitioners seek regularisation of service. The petitioners rely 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.

2.

The factual matrix does not appear to be disputed. The Ashram Schools are run under the Tribal Development Department in a tribal area. The petitioners completed ten years and more service. We 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 30.10.2018 in Writ Petition No.5867 of 2015 and connected Writ Petitions, we allow the Writ Petitions and pass the following order :

ORDER

(I) The respondents shall regularise the services of the petitioners with effect, from the date the petitioners have 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 petitioners shall be considered regular from the date, as observed above. The petitioners 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 petitions, i.e. 22.7.2019, 4.9.2019, 9.9.2019, 9.10.2019 and 2.5.2019, respectively.

4.

Writ Petitions accordingly disposed of. No costs. ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr