Shri. Ghavate Laxman Rangnath And ORS v. The State Of Maharashtra Through The Secretary, Planning Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5365 OF 2023 Shri. Ghavate Laxman Rangnath and Ors.

....Petitioners V/s.

The State of Maharashtra, through the Secretary, Planning Dept. And Ors.

....Respondents ---- Mr. Yash B. Lengare a/w Ms. Snehal Avhad for the Petitioners. Mr. B.V. Samant, AGP for the Respondents-State. CORAM :

S.V. GANGAPURWALA, ACTING CJ & SANDEEP V. MARNE, J.

DATE :

th APRIL, 2023.

P.C. :

1.

Petitioners seek direction to extend benefits of Government Resolution dated 1st December, 1995 and 21st April, 1999.

2.

It is not disputed that Petitioners in the present Writ Petition, were Muster Assistants. Petitioners were dismissed from service. They filed dispute with the Industrial Court. The Industrial Court allowed the dispute and granted reinstatement but did not grant permanency. The details of Petitioners and the respective dates are detailed as under :

Sr.

No.

Name of Petitioner Date of Appointment Termination Reference IDA/ Complaint No.

and Revision Decision Date of Rejoining as per Court order

Present

Status 1.

Laxman Rangnath Ghavate 05.12.1985 01.07.1987 112/1992 Reference IDA No.59/1992 29/03/1993 21.12.1992 Retired on 30.06.2019 2.

Ajiath Navnath Mohite 15.04.1983 16.02.1990 48/1992 09.03.1999 08.04.1999 Retired on 04.06.2017

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Ganpat Babu Gidde 01.10.1982 19.02.1988 77/1992 05.04.1998 01.09.1998 Retired on 31.05.2008 4.

Nana Ishwar More Through LRs 25.03.1986 19.11.1987 81/1992 24.06.1992 13.09.1992 Died on 01.06.2003 5.

Vaijnath Suryabhan Awate 02.07.1983 14.05.1986 60/1992 18.07.1998 24.12.1998 Retired on 31.05.2014 3.

As far as Petitioners are concerned, they have approached the Industrial Court. The Industrial Court had passed an order reinstating them but has not granted permanency. In that event, the judgment of the Apex Court in the case of Shaikh Miya Shaikh Chand etc. vs. State of Maharashtra, dated 7th September, 2022 in Civil Appeal No.6531-6533 of 2022 will be relevant. In that judgment, it is observed that the persons who have been absorbed over a period of time post 31st March, 1997, for pensionable services, reckoning date will be 31st March, 1997 and such of the persons who have rendered pensionable services will be entitled to that benefit. In view of that, Petitioners shall be considered as permanent from 31st March, 1997 and the pensionable benefits shall be granted to them considering their services with effect from 31st March, 1997, as expeditiously as possible.

4.

With this direction, the Writ Petition is disposed of. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) by SUDARSHAN RAJALINGAM KATKAM Date:

2023.04.25 12:38:34 +0530 SUDARSHAN RAJALINGAM KATKAM