RAJENDRA S/O VITTHALRAO KAMBLE Vs. GOVERNMENT OF

JUDGEMENT

(1.) All these petitions are directed against a common order dated 6th May 2010, passed by the Maharashtra Administrative Tribunal, Bench at Aurangabad (For short, "the Tribunal"), in Original Application Nos. 91/2010 and 106/2010. Hence these petitions are disposed of by this common order.

(2.) The applicants before the Tribunal (hereinafter referred to as "the original applicants") were appointed as Legal Advisors, Law Officers and Law Instructors under the Director General of Police or Commissioner of Police, Greater Mumbai, sometime on 31st March 2007 or thereabout under a contract. Their appointments came to an end on 1st January 2010 on expiry of the contractual period. Law Officers filed Applications bearing O.A. No. 91/2010 and Law Instructors filed O.A. No. 106/2010 before the Tribunal challenging their termination, and also challenging some of the conditions in the Government Resolutions dated 21-8-2006 and 15-9-2006, under which they were appointed. They also prayed for a direction to the State to regularize their appointments as Law Officers / Instructors. By the impugned order, the Tribunal struck down Condition No.3 in the Government Resolution dated 21st August 2006, and Condition Nos. 'v', 'c' o 'd' [(a), (b) and (c)] in the Government Resolution dated 15th September 2006. The Tribunal, however, did not grant the prayer for regularization of their appointment to the posts of the Law Officers / Instructors. Aggrieved by the decision of the Tribunal, striking down Clause No.3 of the Government Resolution dated 21st August 2006, and Condition Nos. (a), (b) and (c) in the Government Resolution dated 15th September 2006, the State of Maharashtra has filed Writ Petition Nos. 9145/2010 and 9160/2010 before us. Aggrieved by the decision of the Tribunal, of not granting the relief of regularization and continuation of their appointments as Law Officers / Instructors, the original applicants have preferred Writ Petition Nos. 7764/2010 and 9050/2010. Writ Petition No. 5878/2010 has been filed by one Law Officer in person. However, he was absent at the hearing of the petitions. We have also perused the grounds of challenge raised in his petition.

(3.) When Writ Petition No. 9145/2010 came up for hearing on admission before this Court on 5th October 2004, this Court directed issuance of notice to the respondents and granted ad interim relief in terms of prayer clause "C" thereof i.e. it stayed the execution and operation of the impugned order of the Tribunal. The matters thereafter appeared together before this Court from time to time and it was agreed between the parties that the petitions be heard and disposed of finally at the stage of admission itself. Accordingly, a circulation was sought before us and the same was granted on 5th March 2012. The matter was thereafter heard and on conclusion of hearing, the orders were reserved on 20th March 2012.