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Bombay High CourtWP/13864/2018disposed off

Pundlik Rajdhar Sonawane v. The State Of Maharashtra And Others

2022-03-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige3 pages

1 922-wp 13860-2018+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13860 OF 2018 Arun Baliram Devre Died Through his Legal Heir Ashabai Arun Devre .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Amol N. Kakade, Advocate for the Petitioner. Mr. A. S. Shinde, AGP for Respondents-State.

AND WRIT PETITION NO. 13863 OF 2018 Ashok Hula Patil .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Amol N. Kakade, Advocate for the Petitioner. Mr. A. R. Kale, AGP for Respondents-State.

Mr. N. N. Desale, Advocate for Respondent Nos. 2 and 3. AND WRIT PETITION NO. 13864 OF 2018 Pundlik Rajdhar Sonawane .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Amol N. Kakade, Advocate for the Petitioner. Mr. A. R. Kale, AGP for Respondents-State.

2 922-wp 13860-2018+.odt CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 09th MARCH 2022.

PER COURT:- .

Heard Mr. Kakade, learned counsel for the petitioners. 2.

Mr. Kakade, learned counsel submits that the petitioners had filed Complaint ULP before the Labour Court. The Labour Court passed an order directing to grant continuity in service to the petitioners. The petitioners thereafter were also absorbed. The petitioners and husband of the petitioner in Writ Petition No. 13860 of 2018 were absorbed on 16.07.2004. The services rendered since the years 1988-1990 are required to be considered as the continuity has been granted to the petitioners.

3.

We have heard the learned counsel for the respondents. 4.

The petitioners, it appears are not granted permanency and are only granted continuity in service. As permanency has not been granted the petitioners are governed by the scheme under the Government Resolution dated 01.12.1995 framed by the respondents and as modified by the subsequent Government Resolution and approved by the Apex Court in Civil Appeal No. 15339 of 1996. This Court also in similar matters wherein permanency was not granted to the petitioners

3 922-wp 13860-2018+.odt has held that the services of the petitioners would be counted from the date of their absorption.

5.

In the light of above, writ petitions stand disposed of. No costs. ( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.