STATE OF MAHARASHTRA Vs. VITTHAL TULSHIRAM JADHAV

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned AGP for the Petitioners-State and the learned Counsel for the Respondent.

(2.) This Petition is filed by the State Government challenging the judgment and order dtd. 2/2/2022 passed by Maharashtra Administrative Tribunal (Tribunal) allowing Original Application No.50 of 2019 filed by Respondent. By that judgment and order, the Tribunal has directed that initial temporary service of Respondent be computed only for the purpose of pension.

(3.) Respondent is a Project Affected Person (PAP) and has been issued a certificate to that effect by the District Rehabilitation Officer, Beed on 30/11/1999. On the strength of this PAP certificate, Respondent was engaged on the post of X-ray Technician on temporary basis for a period of 60 days on 13/3/2000. Though the appointment was temporary, he was placed on pay scale of Rs.5,000.008,000 plus admissible allowances. His services were continued even after expiry of period of 60 days. An advertisement was issued on 19/5/2007 for filing of the post of X-ray Technician on regular basis. Respondent applied in pursuance of the advertisement and participated in the selection process. He was however not selected. He filed Original Application No.320 of 2007 before Aurangabad Bench of the Tribunal. However, since it was found that Respondent was less meritorious in the selection, the Original Aplication was dismissed. On account of dismissal of his Original Application, the General Hospital, Parbhani terminated Respondent from service by order dtd. 28/12/2007.