Bombay High Court
Shri Santosh S/O Arjunrao Choudhari vs State Of Maharashtra, Through The ... on 8 March, 2022
Bench: A.S.Chandurkar, M.S.Jawalkar
WP3402.19 with connected WPs.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.3402/2019
Santosh s/o Arjunrao Choudhari Vs. State of Maharashtra through Secretary,
Municipal Administration, and others.
With
WRIT PETITION NO. 1284/2019
Amol s/o Ashokrao Majalgaonkar Vs. State of Maharashtra through
Secretary, Municipal Administration, and others.
With
WRIT PETITION NO. 5270/2017
Amol s/o Ashokrao Majalgaonkar Vs. State of Maharashtra through
Secretary, Municipal Administration, and others.
With
WRIT PETITION NO. 5272/2017
Santosh s/o Arjunrao Choudhari Vs. State of Maharashtra through Secretary,
Municipal Administration, and others.
.......
Shri R.L.Khapre, Senior Advocate with Shri D.R.Khapre, Advocate for petitioner in all
petitions.
Ms. Mayuri Deshmukh Assistant Government Pleader for respondent nos. 1, 2 and 4 in Writ
Petition Nos. 3402/2019 and 5272/2017 and for respondent nos. 1 to 3 in Writ Petition
Nos.1284/2019 and 5270/2017.
Shri P.P.Deshmukh, Advocate for respondent no. 5 in W.P.Nos.3402/2019 and 5272/2017
and for respondent no.4 in W.P.Nos.1284/2019 and 5270/2017.
.....
CORAM :- A.S.CHANDURKAR AND SMT. M.S.JAWALKAR, JJ.
DATE :- MARCH 08, 2022. P. C.
Pursuant to the order passed on 11.11.2019, the Regional Director of Municipal Administration issued a communication to the Chief Officer, Municipal Council, Karanja and the Collector to make a proposal under Section 76 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short, the Act of 1965) for creation of posts that are the subject matter of the writ petitions. Pursuant thereto, the Chief Officer of the Municipal Council on 04.03.2022 has made such proposal to the Director of Municipal Administration for creation of the necessary posts on the schools conducted by the Municipal Council. The petitioners who are in services with the Municipal Council at the said WP3402.19 with connected WPs.odt 2 schools have prayed for regularization of their services. The services of the petitioners subsequently were terminated and that order of termination has also been challenged in the separate writ petition.
We find that the proposal as made to the Director of Municipal Administration is pursuant to the order passed on 11.11.2019. Accordingly the Director of the Municipal Administration shall take a decision on the proposal dated 04.03.2022 that has been forwarded by the Chief Officer, Municipal Council, Karanja within a period of four weeks from the receipt of this order. The Municipal Council through its Chief Officer shall place before the Director of Municipal Administration all relevant material to enable the Director to take a decision in that regard. If the Director of Municipal Administration deems it appropriate to sanction creation of additional posts, the question of regularization of services of the petitioners shall also be considered. The decision taken be placed on record in the writ petitions by filing affidavit.
Stand over six weeks.
The Court would consider hearing the writ petitions finally after such decision taken by the Director of Municipal Administration.
Authenticated copy of this order be furnished to the learned Assistant Government Pleader.
(SMT. M.S.JAWALKAR, J.) (A.S.CHANDURKAR, J.) Andurkar..
Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:
08.03.2022 18:00