Poonam Narayan More v. State Of Maharashtra Tribal Development Department,
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.05.02 19:21:49 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12087 OF 2023 Prashant Salkar & Ors.
... Petitioners versus The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO.3709 OF 2024 Poonam Narayan More & Ors.
... Petitioners versus The State of Maharashtra & Ors.
... Respondents ---- Ms.Madhavi Ayyappan with Mr.Parth Rajput i/b. Talekar & Associates for the Petitioners in both the Petitions. Mr.S.B.Kalel, AGP for the Respondent-State in WP No. 12087 of 2023.
Mr.V.M.Mali, AGP for the Respondent -State in WP No. 3709 of 2024.
--- CORAM :
RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 29th APRIL, 2025 P.C. :- 1.
We have heard the learned Advocate for the Petitioners and the learned AGPs.
2.
There is no dispute that all these Petitioners are identically placed. However, the grievance of the learned AGPs is
that most of these Petitioners have not even completed ten years when they seek protection in the light of the judgment delivered by this Court in Madhukar s/o. Bhavanrao Sadgir and others vs. State of Maharashtra and others1.
3.
We have made it clear in several orders passed on the basis of Madhukar s/o. Bhavanrao Sadgir (supra), that unless such Petitioners complete 10 years in employment, their services will not be protected.
4.
The learned AGPs inform us that one of the Petitioners has put in only two and a half years of service. We have no reason to express any impression on this aspect since we are not protecting such Petitioners considering the law laid down in Madhukar s/o. Bhavanrao Sadgir (supra). These Petitions, therefore, would not be entertained to the extent of those who have not completed ten years. 5.
The prayer of equal pay/wages is made by the Petitioners in the light of the judgment delivered by this Court on 29th November, 2024 in Writ Petition No. 13177 of 2023 with 2019 (2) Mh.L.J. 119
Interim Application No.1418 of 2024 (Sandip Ganpat Hadbal & Ors. vs. The State of Maharashtra & Ors.) 6.
In view of the above, these Writ Petitions are not entertained and stand rejected to the extent of the Petitioners who have not completed ten years. If any of them have completed ten years, the prescription laid down in Madhukar s/o. Bhavanrao Sadgir (supra) would be applicable. Insofar as equal pay/ wages are concerned, the law laid down in Sandip Ganpat Hadbal & Ors. (supra), would be applicable to the case of these Petitioners. 7.
With these directions, both these Writ Petitions are disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)