SHIVSHANKAR GUNDU JAWANJAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of petitions is being disposed off by a common judgment as all the petitioners are seeking a common relief for being absorbed as permanent / confirmed employees of the State Government in Class III posts with retrospective effect, on the basis of the judgment of the Maharashtra Administrative Tribunal in O.A. No.153 of 1991 dated 20th October 1992 and in O.A. No.895 of 1995 dated 30/11/1995, as well as the Government Resolutions issued on 21/10/1995, 22/10/1996 and 10/3/2005.

(2.) The Government of Maharashtra by its Resolution dated 30/10/1961 revised Rules for the recruitment of Revenue Clerks and fixed the minimum qualifications of S.S.C. and maximum age limit of 23 years (open category) and 26 years (backward category). The selected candidates were to be assigned to an office to work in a clerical post and when not employed, he/she would be employed as a copyist and allowed to receive the fees. The enlisted candidates were to be sent for training with stipend and at the end of the training period if he/she would pass the test, he/she would remain as a candidate till a vacancy became available for appointing as a Clerk. A candidate who failed in the first training test would be kept on the waiting list as enlisted candidate till the result of the next such training test. Whereas the next test would be within a period of three months and if he/she again failed, the name would be removed from the list of the enlisted candidates. No person except from the approved list would be appointed to a purely temporary post. Accordingly those who were on the enlisted list but could not be absorbed against an available vacancy either on temporary or permanent post were called upon to work on payment of fees, under the Revenue Department, Settlement Commissioner Land Records, City Survey Office and the Forest Department etc.

(3.) The petitioners claim to be such candidates who were enlisted from 1968 onwards but could not be appointed against any available vacancies and, therefore, continued as "Unpaid Candidates" as per an appointment order issued for a Class III post. They were engaged in copying work from the public documents on the basis of sharing of fees. Out of the fees received for such public documents, 70 per cent of the amount could be paid to the petitioners while the remaining 30 per cent was to be credited in the Government Treasury. A regular muster roll was being maintained by the concerned departments in respect of these "Unpaid Candidates . They were also required to follow the office timings, were not entitled for any salary including salary for paid/festival holidays etc. Sometimes they were given artificial breaks of few days. The earnings on fees sharing basis were to the tune of Rs.3000/- per month.