Shaikh Server Shaikh Babu v. The State Of Maharashtra Through The Principal Secretary And Others

2024:BHC-AUG:8799-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15580 OF 2023 Prahlad Shivajirao Deshmane

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others WITH WRIT PETITION NO. 15677 OF 2023 Machhindra Datta Sagare

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others WITH WRIT PETITION NO. 15676 OF 2023 Mohammed Arshad Mohammed Ajam

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others WITH WRIT PETITION NO. 15675 OF 2023 Shaikh Server Shaikh Babu

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others ...

Mr. V. M. Humbe, Advocate for the Petitioners Mr. S. K. Tambe, AGP for Respondent Nos. 1 to 4 Mr. Y. V. Kakade, Advocate for Respondent no. 5 ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : APRIL 23, 2024

PER COURT :

1.

Since the learned Advocate Shri. Y. V. Kakade is on the panel of the Municipal Corporation, Parbhani, we called upon him to assist the Court.

2.

In all these Petitions, the Petitioners point out that they are already appointed with the Municipal Corporation, Parbhani and are working for several years. They have tendered representations praying for regularization.

3.

An order dated 17.04.2023, passed by this Court in Writ Petition No. 4126 of 2023 (Pralhad Ramrao Samindare Vs. The State of Maharashtra and Others) and connected matters, at the Aurangabad bench, is cited. It is further submitted that the directions issued in Paragraph 5 of the said order may be made applicable, to all these cases.

4.

In the order dated 17.04.2023 (supra), this Court had recorded in Paragraph 5 as under:

"5. In view of the above, all these Petitions are disposed off with the following directions :-

A] Respondent Nos.4 and 5 shall collate information with regard to the Petitioners, as well as all similarly situated Data Entry Operators / Clerks / Firemen, etc. who have not approached the Court.

Independent proposals be prepared for such categories of identically placed employees, meaning, even those employees, who have not approached the Court.

B) Such proposals be prepared within a period of 90 days from today and be forwarded to the competent authority for consideration in the backdrop of available vacancies.

C) Depending upon the length of service and seniority, the competent authority would consider such proposals by carrying out a verification exercise and in the event any such employees are eligible for regularization on available vacant posts and in the absence of any legal impediment, an appropriate decision may be arrived at by the competent authorities within 90 days from the date of receipt of such proposals."

5.

In view of the directions reproduced above, all these Writ Petitions are disposed off.

6.

Needless to state, the Petitioners can be considered strictly as per the directions set out herein-above. If the names of these Petitioners are left out from the directions as reproduced above, a

further proposal of these Petitioners, on the same lines, shall be forwarded and the directions 5(A) to 5(C) reproduced above, would apply to these Petitioners.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani