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Bombay High CourtWP/4625/2018disposed offdismissed for default

Popatrao Shankarrao Bagal v. The State Of Maharashtra And Others

2019-09-24Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 180 WRIT PETITION NO.4578 OF 2018 SOMNATH SHANKAR MARATHE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 181 WRIT PETITION NO.4625 OF 2018 POPATRAO SHANKARRAO BAGAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 185 WRIT PETITION NO.5192 OF 2018 SHIVAJI RAMRAO DHAGE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 194 WRIT PETITION NO.13859 OF 2018 RAGHUNATH MAHADU KOTHAWADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 195 WRIT PETITION NO.13861 OF 2018 DILIP PITAMBAR PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 196 WRIT PETITION NO.13862 OF 2018 BHALCHANDRA YASHWANT SONAWANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 197 WRIT PETITION NO.13865 OF 2018 POPAT HARI SALUNKE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 198 WRIT PETITION NO.13867 OF 2018

KAILAS AVCHAIT PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Kakade Amol N . AGPs for Respondents State: Mrs. G. L. Deshpande, Mr S K Tambe, Mr A. B.Chate, Mr V. M Kagne Advocate for Respondents concerned-Zilla Parishads : Mrs Vaishali S. Choudhari, Mr. Tapse Ptil P.V., Mr. H P. Kshirsagar

CORAM

: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 24th September, 2019 ORDER:

1.

The petitioners seek direction against respondents to treat the petitioners as permanent employees with effect from 05.06.1992 and grant them pensionary and consequential benefits. According to learned counsel, the petitioners are working since prior to 1984-1985 with the respondents. They are entitled for permanency and subsequently are absorbed in the State Cadre. Services rendered by the petitioners since their inception is required to be counted for the pensionary benefits. 2.

We have heard learned counsel for the respondents Zilla Parishad and learned AGP for the State. 3.

It appears that the petitioners had approached the Industrial Court, however, the Industrial Court did not grant relief of peramency to them. The claim was already

made and negatived. In light of that, now it will not be open for the petitioner to deviate from the scheme of Government Resolution dated 1st July, 1995. As per the Government Resolution dated 1st July, 1995, the services will have to be considered for pensionary benefit purpose from the date the petitioners have been absorbed. 4.

In the light of above, the petitions stands disposed of. No costs.

(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.) JPC