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Bombay High CourtWP/2371/2021disposed off

Dakram S/O Dashrath Dhongde And Others v. State Of Maharashtra, Thr. Principal Secretary, Tribal Development Department, Mumbai And Others

2023-09-05Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2023:BHC-NAG:13637-DB 34-WP-2371-21.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.2371 of 2021 Dakram s/o Dashrath Dhongde and others vs.

The State of Maharashtra, through its Principal Secretary, Tribal Development Department, Mumbai and others.

--------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri K.S.Kalidas, Advocate for petitioners.

Ms N. P. Mehta, Assistant Government Pleader for respondents. CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 5th SEPTEMBER 2023 P. C.

Heard.

2.

The petitioners seek regularization of their services that are being rendered at various Ashram Schools under the respondent nos. 3 to 7.

3.

On instructions, Ms N. P. Mehta, learned Assistant Government Pleader for the respondents submits that on 04.05.2023 the respondent no.3-Additional Commissioner, Tribal Development Department, Nagpur has directed regularization of all the petitioners except the petitioner nos. 9 and 17. A copy of order dated 04.05.2023 is taken on record and marked 'A' for identification. 4.

Insofar as the petitioner no.9 is concerned, the proposal for regularizing his services is presently pending with the respondent no.1. The said proposal has been forwarded by the respondent no.3. The respondent no. 1 is therefore directed to take a decision on the said proposal within a period of eight weeks from today. 5.

Insofar as petitioner no. 17 is concerned, his services have been discontinued. It is also pointed out that the services rendered by the

34-WP-2371-21.odt 2 said petitioner are for a shorter duration than the duration of eight to ten years which was considered as reasonable service by the Division Bench in Writ Petition No.5867 of 2015 (Madhukar Bhavanrao Sadgir and others vs. The State of Maharashtra and others) with connected writ petitions decided on 31.10.2018 at Aurangabad Bench. Corrected as per Court's order dated11.09.2023 5.

In view of aforesaid, the petitioner no.17 is free to take such steps as are permissible in law for redressal of his grievances. 6.

With these directions, the writ petition is disposed of. No costs. (MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar.