LAWS(BOM)-2016-5-43

VIKAS ASHOKRAO DEKATE Vs. STATE OF MAHARASHTRA

Decided On May 06, 2016
Vikas Ashokrao Dekate Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By these petitions under Article 226 of the Constitution of India, petitioners seek declaration that condition in their appointment order or restricting tenure of their appointments be declared as bad. They seek a direction to regularize their services from the date of their appointment, and to extend them pay -scales as mentioned in Government Resolutions dated 24.01.2007, 22.01.2010 and 13.03.2013. Prayers have been later on amended to seek regularization in services of Zilla Parishad and for quashing circular dated 14.09.2015 by which the respondents wanted to proceed with the recruitment. This Court has on 24.04.2014, after noticing interim orders passed at Aurangabad Bench in Writ Petition No.4465/2014, directed the respondents not to take any steps to their prejudice and said interim orders continue to operate even today. On 14.10.2015, this Court also ordered that if any steps to fill in vacancies in respective respondent no. 5 Zilla Parishads were initiated, petitioners would be entitled to apply for consideration of their claim for regularization.

(2.) It appears that efforts were being made to dispose of the Writ Petition finally at the stage of admission as respondents pointed out that similar challenge was dismissed by the Aurangabad Bench of this Court while considering Writ Petition Nos. 4896 and 4988 of 2015 on 07.05.2015.

(3.) Accordingly, we have heard Shri R.L. Khapre, learned Counsel for the petitioners and Shri Sunil Manohar, learned Senior Advocate with Mrs. B.H. Dangre, learned Government Pleader for State of Maharashtra and its officers. Shri P. Thakare, learned Counsel has argued the matter on behalf of respondent Zilla Parishad, Wardha.