Bombay High Court
Vinayak Kalu Jadhav And Ors vs State Of Maharashtra, Rural ... on 2 May, 2023
Author: Sandeep V. Marne
Bench: S.V. Gangapurwala, Sandeep V. Marne
k 1/3 39 wp 4398.21 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4398 OF 2021
Vinayak Kalu Jadhav & Ors. ....Petitioners
V/S
State of Maharashtra & Ors.. ....Respondents
...
Mr. Vijay Kurle with Mr. Sankit Shah i/b Mr. Mukesh P. Biradar for the
Petitioners.
Mrs. N.M. Mehra, AGP for Respondent No.1-State.
Mr. Ashish S. Gaikwad a/w Ms. Komal J. Bhoir, Mr. Vijayta S. Shinde for
Respondent Nos.2 & 3.
Mr. Rajesh S. Datar for Respondent No.4-Corporation.
...
CORAM: S.V. GANGAPURWALA, ACJ &
SANDEEP V. MARNE, J.
DATE : 2nd MAY 2023.
P.C.:
1 The Affidavit is filed today by the Respondent No.4-Corporation.
The dispute is raised by the Respondent-Corporation as to the regularization of the services of the Petitioners.
2 It is the contention of the Petitioners that the Petitioners are regularized in services by their first employer i.e. Zilla Parishad.
katkam 1/3 ::: Uploaded on - 04/05/2023 ::: Downloaded on - 05/05/2023 06:50:14 :::k 2/3 39 wp 4398.21 as.doc According to the learned Counsel for the Petitioners sanction was granted to the regularization of the Petitioners by the State Government.
3 It appears that the Petitioners were brought on Converted Regular Temporary (CRT) under orders dated 4th July 2019 and 6th November 2019 however with effect from earlier date.
4 It is the contention of the Respondent-Corporation that in the year 2019 the Petitioners were not the employees of the Zilla Parishad. As such Zilla Parishad could not have passed the order of regularization or bringing them on CRT.
5 The said issue would be considered.
6 If the Petitioners are working with the Respondent-Municipal Corporation today as a full time then they are to be paid on par with the other employees of the Respondent-Corporation discharging similar work. The same stands substantiated by the judgment of the Apex Court katkam 2/3 ::: Uploaded on - 04/05/2023 ::: Downloaded on - 05/05/2023 06:50:14 ::: k 3/3 39 wp 4398.21 as.doc in the case of State of Punjab & Othes vs. Jagjit Singh & Ors. reported in (2017) 1 SCC 148.
7 In light of that, in case the Petitioners are working with Respondent-Corporation then the Respondent-Corporation shall pay to the Petitioners on par with the other employees discharging same duties.
8 Place the matter on 27 June 2023.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) katkam 3/3 ::: Uploaded on - 04/05/2023 ::: Downloaded on - 05/05/2023 06:50:14 :::