VIKAR ANSAR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking directions to the respondents to take into consideration the services rendered by them as Muster Assistants and by taking into account said service confer retirement benefits upon them by counting total length of service. The petitioners are aggrieved by a Circular issued by the Planning Department of State of Maharashtra, thereby clarifying that the service rendered by the Mustering Assistants is not entitled to be counted as pensionable service for conferring the pensionery benefits.

(2.) The service graph of Muster Assistants in the State of Maharashtra has a chequered history. The Muster Assistants were recruited in the Irrigation Department / Public Works Department of the State and these appointments were made on Employment Guarantee Scheme (EGS) and continued for a considerable long period of time. On recruitment, the Muster Assistants were paid consolidated salary of Rs.500/- per month in terms of Government Resolution dated 25th April, 1989 issued by the Department of Planning, State of Maharashtra. Some of the Muster Assistants approached Nagpur Bench of this Court by filing proceedings demanding salary in the regular Pay Scales instead of the consolidated pay. The said petition was transferred to the Maharashtra Administrative Tribunal (MAT) on its constitution and the Tribunal on 24th September, 1991 issued interim directions directing the State Government to pay salary to the Muster Assistants in the pay scale of Rs.750-12- 870-EB-14-940 with effect from 1/10/1991 subject to final outcome of the proceedings. To implement the interim order the State Government issued a resolution on 6th May, 1992 and placed the Muster Assistants in the pay scale of Rs.750-940 with effect from 1/10/1991. The Tribunal finally allowed the Original Application and directed conferment of the said pay scales with effect from 1/10/1988 and in compliance, the State Government issued a resolution on 22nd February, 1993, thereby conferring pay scale of Rs.750-940 to the Muster Assistants with retrospective effect from 1st October, 1988. The State Government also directed payment of Dearness Allowances to them and all the Muster Assistants in the State of Maharashtra were paid the differential amount.

(3.) Several writ petitions came to be filed in this Court and before its Benches by which the Muster Assistants sought regularization and claimed that they are entitled for absorption in Government service. In view of the fact that the services of the Muster Assistants were no longer required, the State Government took a policy decision to put an end to their services by offering them Rs. 1000/- salary and on payment of exgratia amount and by issuing resolution on 26 th May, 1993. However, the same was subject matter of challenge in a petition before the Principal Seat at Mumbai, Aurangabad Bench and before the Maharashtra Administrative Tribunal, the Tribunal by its order dated 15th September, 1993 by way of interim directions directed that in cases where the work under Employment Guarantee Scheme had come to an end and the Muster Assistants had become excess till that time when the work is made available to them, the State Government is at liberty to end their services. However, being aggrieved the Muster Assistants approached the Hon'ble Apex Court by filing Special Leave Petition. The Apex Court approved the decision, however, directed that while putting an end to the services of Muster Assistants the rule of seniority should be followed. However, the State Government sympathetically considered the issue of absorption of Muster Assistants taking into consideration the drastic effect of putting an end to the services of Muster Assistants who had rendered long services as such and therefore the State Government came up with a Government Resolution on 1st December,1995 resolving that those Muster Assistants who were working on 31st May, 1993 should be absorbed in various equivalent posts in various Departments of the State Government and till the time of their absorption their services would be utilized for various projects including water conservation, horticulture programme under the EGS Scheme. By the said Government Resolution, it was directed that those Muster Assistants who were working as on 31 st May, 1993 based on their seniority would be absorbed in Government/Zilla Parishad Services on the posts equivalent and bearing the pay scale of Rs.750-940 subject to satisfying of the eligibility criteria for the said posts. For the purposes of effective absorption into Government services, the criteria for age limit was relaxed. The said Scheme contained in the Government Resolution was approved by the Hon'ble Apex Court by its order dated 2 nd December, 1996 and directed that those employees who fall within the parameters of the scheme should be similarly treated so that the possibilities of the individuals coming for redressal under the scheme may not arise as they would only create litigation. After the orders of the Hon'ble Apex Court, the State Government implemented the Scheme to absorb such Muster Assistants, throughout the State and even issued a resolution on 21st April, 1999 providing that such absorption can also be made in Group "C" post if the Muster Assistants possess the requisite educational qualification prescribed for said post. The Government Resolution further directed that the Muster Assistants would be entitled for house rent allowance and annual increments as per the prevailing orders.