Arun Baburao More v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.11183 OF 2015 Arun s/o Baburao More Age 56 years, Occ : Service as Clerk R/o Khanapur, tq. Shevgaon District Ahmednagar PETITIONER
VERSUS
1] The State of Maharashtra Through its Secretary, Revenue & Forest Department, Mantralaya Mumbai-32.
2] The Deputy Director of Land Record, Nashik Division, Nashik.
3] The Superintending Engineer Ahmednagar Irrigation Circle Ahmednagar.
4] The Executive Engineer Minor Irrigation Circle, Ahmednagar RESPONDENTS WITH WRIT PETITION NO.11185 OF 2015 Raosaheb s/o. Rambhau Bhalsing, Age 65 years, Occ : Retired as Surveyor from the Department of Land Record, Karjat, Taluka Karjat, District Ahmednagar, R/o At Post Walki, Tq. & District Ahmednagar.
PETITIONER
VERSUS
1] The State of Maharashtra Through its Secretary, Revenue & Forest Department, Mantralaya Mumbai-32.
2] The Deputy Director of Land Record, Nashik Division, Nashik.
3] The Superintending Engineer Ahmednagar Irrigation Circle Ahmednagar.
4] The Executive Engineer Minor Irrigation Circle, Ahmednagar RESPONDENTS WITH WRIT PETITION NO.11188 OF 2015 Abasaheb s/o Tukaram Satpute Age 61 years, Occ : Retired as Jr. Clerk from the office of Superintendent of Land Record Parner, tq. Parner District Ahmednagar, R/o. At Post Khatgaon Takali Tq. & District Ahmednagar PETITIONER
VERSUS
1] The State of Maharashtra Through its Secretary, Revenue & Forest Department, Mantralaya Mumbai-32.
2] The Deputy Director of Land Record, Nashik Division, Nashik.
3] The Superintending Engineer Ahmednagar Irrigation Circle Ahmednagar.
4] The Executive Engineer Minor Irrigation Circle, Ahmednagar RESPONDENTS ...
Mr. Amol N. Kakade, Advocate for the Petitioners in all Writ Petitions Mr. S.B.Yawalkar, AGP for the Respondent No.
3 / State in all Writ Petitions Mr. Shyam C. Arora, Advocate for the respondent No.3.
Respondent Nos.2 and 4 served.
...
CORAM: S.S.SHINDE & SANGITRAO S.PATIL,JJ.
Reserved on : 04.04.2016 Pronounced on : 07.04.2016 JUDGMENT: [Per S.S.Shinde, J.]:
1] Heard.
2] Rule.
Rule made returnable forthwith, and heard with the consent of the parties.
3] The petitioners were employed as Muster Assistants in Irrigation Department of the State of Maharashtra. The petitioners filed separate complaints before the Industrial Court, Ahmednagar, alleging the
commission of unfair labour practices covered by the Items 5, 6, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the 'Said Act of 1971']. The Industrial Court allowed the complaints filed by the petitioners and by the Judgment and Order dated 29.12.1994 directed the respondents to confer status and privileges of permanency and other consequential benefits from the date of complaint.
4] The learned counsel appearing for the petitioners submit that, one of the Mustering Assistants filed Writ Petition No.2946/1997 (Shri Ramchandra Kondiba Mahajan Vs. The State of Maharashtra & others) before the Bombay High Court at it's Principal Seat at Bombay.
The Division Bench gave directions in the said Writ Petition to consider the past services for grant of
pension in view of the Judgment and Order passed by the Industrial Court. The same relief is being claimed by these petitioners in the present Writ Petitions. The learned counsel submit that, the Special Leave Petition filed, challenging the aforesaid Judgment passed in Writ Petition No.2946/1997 (Shri Ramchandra Kondiba Mahajan Vs. The State of Maharashtra & others) is also dismissed.
5] The learned Additional Government Pleader states that, the past service cannot be considered of the petitioners in view of the scheme framed by the Government and approved by the Apex Court vide Government Resolution dated 01.12.1995 and the subsequent Government Resolution of the year 1999. The learned Addl. G. P. further submits that, it is only after the mustering assistants are absorbed in Government service, they can be considered as Government
employees and benefits of Government service can be accorded to them.
As these petitioners after absorption did not complete the period of qualifying service, they are not entitled for pensionary benefits.
6] It is not disputed that in these matters, the petitioners had approached the Industrial Court by filing complaint ULP. The said complaints are allowed and Industrial Court directed the present respondent/State to accord those complainants / petitioners herein status and privileges of permanency and consequential benefits from the date of filing of complaints. As the pensionary benefits are not being accorded, one of such complainants filed writ petitions bearing Writ Petition No. 2946 of 1997, Writ Petition No. 2236 of 1997 and Writ Petition No. 2246 of 1997. The Division Bench of this Court partly allowed the said petitions and passed the following order.
1.
In view of the Judgment and Order dated 08th April, 1997 passed by the learned Industrial Court, Solapur, for the purpose of considering the grant of pensionary benefits, the Petitioners shall be treated as Permanent Employees with effect from 01st October, 1988 till the respective dates of superannuation.
2.
In case of the Petitioners who were already superannuated, it will be open for them to make a representation to the concerned Authorities for grant of pensionary benefits.
3.
If such representation is made, same shall be decided as expeditiously as possible and preferably within a period of four months from the date on which the representations are made.
4.
We make it clear that, apart from issuing directions regarding the date of permanent employment of the respective Petitioners, we have not examined the case of the Petitioners as regards the eligibility of pensionary benefits.
5.
Rule is made partly absolute on both terms with no order as to costs.
7] The Special Leave Petition filed against the said judgment and order is also
dismissed. In the light of that, we adopt the same course as adopted by this Court in the above said writ petitions and pass the following order.
1.
In view of the Judgment and Order dated 29.12.1994 passed by the learned Industrial Court, Ahmednagar, for the purpose of considering the grant of pensionary benefits, the Petitioners shall be treated as Permanent Employees with effect from the date of their complaints i. e.
from the date of filing of their respective ULP's till the respective dates of superannuation.
2.
In case of the Petitioners who were already superannuated, it will be open for them to make a representation to the concerned Authorities for grant of pensionary benefits.
3.
If such representation is made, same shall be decided as expeditiously as possible and preferably within a period of four months from the date on which the representations are made.
4.
We make it clear that, apart from issuing directions regarding the date of permanent employment of the respective Petitioners, we have not examined the case of the Petitioners as regards the eligibility of pensionary benefits.
5.
Rule is made partly absolute on above terms with no order as to costs.
Sd/- Sd/- [SANGITRAO S.PATIL] [S.S.SHINDE] JUDGE JUDGE DDC