HIGH COURT OF BOMBAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The scheme attempted to be introduced by the Maharashtra State Road Transport Corporation (hereinafter referred to as the "MSRTC") / Respondent No.2 as "Kutumb Suraksha Yojna", whereby terminated or suspended conductors are sought to be re-appointed under the said scheme, is under challenge in the present Suo Moto Public Interest Litigation.

(2.) One Mr. Sharad Babrao Pote and others had filed writ petition No.10038 of 2016 before this Court and sought relaxation of the age restriction made under the notification of the MSRTC from 45 to higher age in order to get benefit of the said scheme "Kutumb Suraksha Yojna". The said writ petition was placed before the Division Bench of this Court on 30.06.2017, when this Court noticed that the scheme floated by the MSRTC is against the public interest since the employees who were charged or terminated or suspended on account of mis-appropriation of funds sought to be re-appointed under the guise of the scheme. This Court, converted the above said writ petition into Suo Moto Public Interest Litigation to consider the notification in question / scheme since it is against the interest of the public at large.

(3.) The factual matrix of the case is as under: