LAWS(BOM)-2014-8-70

PRALHAD BHAURAO GHULE Vs. GOVERNMENT OF MAHARASHTRA

Decided On August 14, 2014
Pralhad Bhaurao Ghule Appellant
V/S
GOVERNMENT OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this Writ Petition filed under Article 226 of the Constitution of India, the petitioners who are members of the staff serving in the Family Courts at Aurangabad and Nagpur seek extension of benefits as made available by "Justice Shetty Commission" to the staff of the Family Courts in the entire State.

(2.) The proceedings were initially filed in public interest. However, as the petitioners were seeking reliefs for their own benefits, by order dated 17.6.2014 the petitioners were permitted to convert the Public Interest Litigation into a regular Writ Petition. After the proceedings were duly converted, the Writ Petition has been heard finally with consent of the parties. Hence, Rule. Rule made returnable forthwith and heard finally.

(3.) The petitioners were initially appointed after following the due process of recruitment at the District Court in Aurangabad and Nagpur. Under the Family Courts Act, 1984 (for short, "the said Act"), Family Courts were constituted at Aurangabad and Nagpupr as per Government Resolution dated 21.5.1992. With a view to facilitate the functioning of said Family Courts the petitioners who were regular employees in the District Court at Aurangabad and Nagpur were appointed by way of adhoc arrangement on temporary basis to officiate on various posts in said Family Courts. Necessary orders were issued to each of the petitioners in the year, 1992- 93. Since then the petitioners have been discharging their duties in said Family Courts.