SANDIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The State of Maharashtra through its Department of Higher and Technical Education decided to take over Nagar Parishad Polytechnic, Achalpur, District Amravati, which was being run on "no-grant" basis since 1983 and hence by the Government Resolution dated 6-7-2017, its name was changed to Government Polytechnic, Achalpur, District Amravati. By another Government Resolution dated 18-11-2017, the said Polytechnic along with all its assets and liabilities were taken over by the State Government. About 21 Lecturers and 22 non-teaching employees working therein were absorbed in Government service and they are continued as regular permanent employees.

(2.) The petitioners, who are total 8 Lecturers working in Nagar Parishad Polytechnic, Achalpur, on contract basis for the period ranging from two years and nine months to eight years during 8-7-2009 to 25-7-2014, were excluded from absorption and hence they have approached this Court claiming the relief of providing the same treatment of absorption as per the Government Resolution dated 18-11-2017 in Government service as Lecturers in Government Polytechnic, Achalpur. All the petitioners are out of employment with effect from 30-4-2017, when they were terminated from the service of Nagar Parishad Polytechnic, Achalpur. These petitions, therefore, claim the relief of setting aside their termination and reinstatement in service by way of absorption with effect on 18-11-2017.

(3.) The contention of Shri Ram Parsodkar, the learned counsel appearing for the petitioners in all these petitions, inviting our attention to a list of 21 Lecturers absorbed in Government service as per the Government Resolution dated 18-11-2017, is that the Lecturers, namely, Pankaj Ramvilas Boob, appointed on 22-7-2013; Nilesh Shekhar Jadhav, appointed on 27-7-2010; Swati Ganeshrao Dhoke, appointed on 3-9-2010; Namrata Nandkishor Daga, appointed 26-7-2004; Kunal Anil Saurkar, appointed on 17-12-2007; Ranjana Vishwas Gavai, appointed on 17-12-2007; Yogesh Uttamrao Futane, appointed on 26-7-2013; Ashwin Shivcharan Meshram, appointed on 3-8-2009; Chetna Dilip Shete, appointed on 13-7-2009; and Satish Arunrao Khadse, appointed on 17-12-2007, were recruited in the service of Nagar Parishad Polytechnic on purely temporary basis for specific period, containing almost the same terms and conditions, on which the petitioners were appointed, but the petitioners are denied the same treatment and, therefore, the action of denial of absorption violates the guarantee of the petitioners, contained in Articles 14 and 16 of the Constitution of India.