Bombay High Court
Md. Khalik Shahabuddin Shaikh And Ors vs State Of Maharashtra And Ors on 1 March, 2023
Author: Sandeep V. Marne
Bench: S.V. Gangapurwala, Sandeep V. Marne
Megha 81_wp_446_2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.446 OF 2021
Md. Khalik Shahbuddin Shaikh and Ors. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
...
Mr. Kiran Bapat, senior counsel with Mr. Gaurav Gawande i/b. Ms
Gauri Bhosale for the Petitioners.
Mr. B.V. Samant, AGP for Respondent -State.
Mr. Ashok Misal for Respondent No.3.
CORAM: S.V. GANGAPURWALA, ACJ &
SANDEEP V. MARNE, J.
DATED: MARCH 1, 2023.
P. C. :-
1. The Petitioners seeks directions to extend benefits of Government Resolution dated 01/12/1995 and 21/04/1999.
2. It is not disputed that the Petitioners in the present writ petition were Muster Assistant. The 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 the Petitioners and the respective dates are detailed as under.Digitally signed
MEGHA by MEGHA S PARAB S Date:
2023.03.04 PARAB 16:49:38 +0530 1/4 Megha 81_wp_446_2021.doc Sr. Name of Date of Date of Reference Date of Present status No. Petitioners Appointme Terminatio Id. No. and Rejoining nt n Decision date
1. Md. Khalik 27.10.1986 17.07.1989 1/1995 05.02.200 Working as Shaboddin 05.02.99 0 Muster Shaikh Assistant his service has been deputed to Sub Divisional Officer Solapur No.1
2. Suresh 01.01.1985 31.08.1988 369/1992 30.12.199 Working as Sharnappa Vate 07.08.1997 7 Muster Assistant his service has been deputed to BDO Akkalkot
3. Sharanappa 02.12.1985 05.01.1989 10/1994 01.09.199 Working as Hanmantappa 23.06.1998 8 Muster Patil Assistant his service has been deputed to BDO Akkalkot
4. Sattar Balabhai 13.10.1987 29.10.1989 197/1991 26.02.199 Working as Nadaf 16.01.1997 7 Muster Assistant his service has been deputed to PLAQ Solapur
5. Maruti Namdev 01.08.1986 28.02.1989 326/1992 22.09.199 Working as Patole 25.06.1998 8 Muster Assistant his service has been deputed to BDO Mohol
6. Balasaheb 03.03.1986 08.02.1989 113/1994 05.02.200 Retired on Vasantrao Patil 23.09.1999 0 30/08/2018
7. Bhausaheb 04.12.1986 01.08.1988 48/1993 17.06.199 Working as Sahebrao Ingale 17.10.1996 7 Muster Assistant his service has been deputed to Tahasildar, Mohol 8 Sidheshwar 03.06.1984 01.05.1987 50/1993 30.12.199 Working as Tukaram 17.10.1996 6 Muster 2/4 Megha 81_wp_446_2021.doc Sr. Name of Date of Date of Reference Date of Present status No. Petitioners Appointme Terminatio Id. No. and Rejoining nt n Decision date Nagane Assistant his service has been deputed to BDO Mohol.
9 Pandurang 01.06.1984 31.03.1987 9/1996 09.02.200 Working as Bapurao Nimase 12.04.1999 0 Muster Assistant his service has been deputed to BDO Mohol.
10 Bhimrao Soma 08.02.1984 30.08.1988 216/1988 17.06.199 Working as Lavate 07.02.1997 7 Muster Assistant his service has been deputed to BDO Mohol
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 S/o. Shaikh Chand etc. vs. State of Maharashtra dated 07/09/2022 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 31/03/1997 for pensionable services reckoning date will be 31/03/1997 and such of the persons who have rendered pensionable services will be entitled to that benefit. In view of that, the petitioners shall be considered as permanent from 31/03/1997 and the 3/4 Megha 81_wp_446_2021.doc pensionable benefits shall be granted to them considering their services with effect from 31/03/1997, as expeditiously as possible.
4. With these directions writ petitions are disposed of.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) 4/4