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B.       FACTS


2)               Briefly stated, facts involved in these eight petitions are that the

State Government through its Health Department has set up various rural and other hospitals for providing healthcare related services. It appears that some para-medical, clerical and Class-IV posts were lying vacant in those ___Page No.3 of 33___ 26 June 2024 Neeta Sawant Wp-8801-2023 aw 7 WPs-FC hospitals due to variety of reasons such as not availability of regular employee, promotion of regular employee, deputation of regular employee for training, absence/leave of regular employee, etc. In the above background, it appears that Petitioner No.2-Deputy Director of Health Services, Pune entertained direct applications made by various candidates seeking their appointments during the years 2000-2001. It appears that Respondents accordingly submitted direct applications for appointment on various posts such as Junior Typist, Laboratory Technician and on various Class-IV posts such as Sweeper. It appears that the concerned hospitals were in need of staff. It appears that some of the posts in those Hospitals were being manned by temporary employees and the Medical Superintendent of the concerned Hospitals had made correspondence with Petitioner No.2 for deployment of fresh staff on vacant posts. This is how applications made by Respondents were entertained by Petitioner No.2 and they came to be granted temporary appointments on various posts such as Junior Clerk, Laboratory Technician, Pharmacist, sweeper, etc for a period of three months by various orders issued in the year 2000/2001. The appointment for three months was by giving break of one day at interval of 29 days.

and Smt. Rajashree Yadav, all other 6 Respondents were initially engaged because the permanent employees were temporarily not available due to deputation for training, leave, absence, etc. Smt. Meghna Mane and Smt. Rajashree Yadav appear to have been engaged as Junior Clerks possibly as regular employees were not available to fill up the vacant posts. From the above chart, it appears that services of most of the Respondents were terminated as the regular employees became available after their return from training, leave, etc. To illustrate, Shri. A. P. Dhebe was appointed during training period of regular Laboratory Technician Shri. Ombase, who returned on completion of training in January 2001. Hence Shri. A. P. Dhebe was terminated by order dated 1 February 2002 w.e.f. 31 January 2002. However the Industrial Court granted status quo order on 29 November 2001. Therefore, Shri. Dhebe was required to be continued by order dated 7 February 2002 despite there being no post available for his continuation. Similarly, Shri. Rajaram Chagan Awale was appointed against leave vacancy of Kachare, who returned from leave in March 2001 and accordingly Shri. Awale was terminated by order dated 09 March 2001. He was again appointed against leave vacancy of Smt. Aaranake on 16 April 2001. On return of Smt. Aaranke from leave, his services were again terminated on 15 June 2001. He was again appointed on 09 July 2001 against vacancy created by deputation of Shri. Bhujbal for training. However, due to interim order ___Page No.10 of 33___ 26 June 2024 Neeta Sawant Wp-8801-2023 aw 7 WPs-FC passed by the Industrial Court, he was continued in service. Similar is the case of Shri. Balasaheb Vishnu Kharmate, who was engaged during training period of regular X-Ray Technician Shri. Somase. This is how grant of interim orders by the Industrial Court ensured continuation of services of Respondents, whom Petitioners did not desire to continue.

24) Reverting to the facts of the present cases, details of initial engagements of Respondents discussed above would leave no manner of doubt that initial engagements of most of them were made only because the permanent staff was temporarily not available owing to deputation for training, leave, absence etc. The Industrial Court has not at all taken into consideration this vital aspect while erroneously directing continuation of ___Page No.24 of 33___ 26 June 2024 Neeta Sawant Wp-8801-2023 aw 7 WPs-FC Respondents in service and granting them the benefit of permanency. The Industrial Court ought to have appreciated that granting the relief of continuation and permanency to the Respondents would result in a position where two persons would work on one sanctioned post. This is exactly what has happened in the present case as some of the Respondents such as Shri. Anil Pandhurang Dhebe, Shri. Rajaram G. Awale and Shri. Balasaheb Vishnu Kharmate, who were initially engaged for three months on account of regular incumbents being deputed for training or on leave, have continued to hold the posts even after the regular incumbent resumed duties at the end of the training or leave. To illustrate, Shri. Anil Pandurang Dhebe was engaged only because the regular Laboratory Technician, Shri. R.B. Ombase was deputed for training of one year. The order dated 1 February 2002 would indicate that Shri. R.B. Ombase, the regular Laboratory Technician, who was sent for training of one year, completed the training on 31 January 2002 and reported for duties on 1 February 2002 in the Rural Hospital, Pimpoda, District-Satara. Services of Shri. Dhebe were terminated by order dated 1 February 2002 as Shri. Ombase reported for duties. From 1 February 2002 onwards, Shri. Dhebe was not in service. He had approached the Industrial Court which had granted the order of status-quo in his favour on 29 November 2001. On the strength of the said status-quo order dated 29 November 2001, Shri. Dhebe was required to be granted appointment by order dated 7 February 2002 towards deference to the order passed by the Industrial Court. This is how Shri. Dhebe reported for duties on 11 February 2002. The interim order of the Industrial Court thus resulted in a situation where one post of Laboratory Technician sanctioned in Rural Hospital, Pimpode being occupied by two individuals. The State Government was ___Page No.25 of 33___ 26 June 2024 Neeta Sawant Wp-8801-2023 aw 7 WPs-FC required to bear salaries of two individuals on account of interim order granted by the Industrial Court.

30) Mr. Pakale has relied on judgment of this Court in Chief Officer, Alibaug Municipal Council (supra). However the facts in the said case were entirely different. The Respondents therein were initially engaged as Badli Safai Kamgars and upon sanction of 13 posts in 1997, Standing Committee of the Municipal Council adopted a resolution for their regularisation and a proposal to that effect was sent to the State Government, which was rejected. Their services were terminated by withdrawing pay scales and they were reinstated as daily wage workers. The Industrial Court allowed their complaints on the ground of completion of 240 days of service under MSO 4C. This Court held that regularisation as per clause 4C of MSO was impermissible but did not disturb the relief of regularisation as Respondents therein complied with one time exception in para 53 of Umadevi as the appointment was held to be against sanctioned posts and completion of 10 years of service (without Court intervention) as on the judgment in Umadevi. The judgment in Chief Officer, Alibaug Municipal Council is thus clearly distinguishable as initial engagements of ___Page No.29 of 33___ 26 June 2024 Neeta Sawant Wp-8801-2023 aw 7 WPs-FC Respondents were not against sanctioned posts, they did not complete 10 years of service without Court's intervention and their initial appointments were made only to meet temporary exigencies of service such as regular incumbent's deputation on training, leave, absence, etc. Therefore Respondents are not entitled to the benefit of one time exception in para-53 of the judgment in Umadevi.