Taher Sandu Deshmukh And Others v. The State Of Maharashtra And Others

2024:BHC-AUG:3771-DB 15421.19wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO. 15421 OF 2019 TAHER SANDU DESHMUKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr S. K. Chavan, Advocate for Petitioners;

Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.1 and 2 Smt. Ashwini Hoge Patil, Advocate for Respondent Nos.3 to 5 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 20th February, 2024 PER COURT:

1.

After the hearing in this matter progressed to some length, we expressed our view in the light of the settled position of law, in view of various judicial pronouncement of the Bombay High Court, that a person working under the Employment Guarantee Scheme (EGS) does not have any right to a post and cannot seek any benefit of regularisation for having worked on daily wages under the EGS.

2.

These Petitioners have been appointed as 'Assistant Civil Engineer' in Class-III Grade, directly with 'zero' experience, with the background of having worked on daily wages on the

15421.19wp (2) EGS. The Zilla Parishad, therefore, has taken a stand that they would gain the first Assured Career Progression Scheme (ACPS) benefits after completing 12 years.

3.

At this juncture, the learned Advocate for the Petitioners submits on instructions that the Petitioners desire to withdraw this Writ Petition and prefer a representation to the Zilla Parishad.

4.

In view of the above, this Writ Petition is disposed off, as withdrawn on instructions.

(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk Signed by: Sachin J Kulkarni Designation: PA To Honourable Judge Date: 23/02/2024 10:50:55