SANJAY SITARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed by an individual who claims to be working as a Watchman (Paharekari) in a private aided tribal ashram school, namely Jai Samakadevi Primary and Secondary Tribal Ashram School, Khanapur, Tq. Degloor, District Nanded. The Petitioner has put forth prayer clauses 'A and S' as under :-

(2.) The Petitioner relied upon the judgment delivered by this Court, dtd. 20/9/2022, in Writ Petition No. 4300 of 2021, filed by the Union and 58 workmen. This Court concluded in the light of the law laid down by the Hon'ble Supreme Court in State of Punjab and others vs. Jagjit Singh and others, 2017 (1) SCC 148, as under:-

(3.) The learned A.G.P. submits that merely because this court has delivered a judgment in another matter, and only because there seems similarity as regards the facts of the petitioner's case and the case which is decided, a blanket order cannot be passed by this court. The Petitioner has to establish that he was working as watchman in the Ashram School, operated by the private management, which is covered under the Tribal Development department. Whether this Petitioner really was working as Watchmen or the Paharekari or whether he was working in any other capacity, will have to be scrutinized and only after crystallizing the rights of the Petitioner, reliefs could be granted in terms of the Government Resolution dtd. 13/12/2019.