Bombay High Court
Ramdas Bangar Patil vs The State Of Maharashtra And Others on 18 April, 2024
Author: Ravindra V.Ghuge
Bench: Ravindra V. Ghuge
2024:BHC-AUG:8645-DB -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7083 OF 2019 Ramdas Bangar Patil, Age-65 years, Occu-Retired Government Servant, R/o At Post : Devbhane, Tq. and Dist.Dhule -- PETITIONER VERSUS 1. The State of Maharashtra, Through its Chief Secretary, Mantralaya, Mumbai - 32, 2. The Secretary, Planning Department, Mantralaya, Mumbai 3. The Divisional Commissioner, Nasik Division, Nasik, 4. The Collector, Collectorate Dhule, Tq. and Dist.Dhule 5. The Chief Executive Officer, Zilla Parishad, Dhule, Tq. and Dist. Dhule 6. The Executive Engineer, Zilla Parishad, Works Department No.5, Dhule, Tq. And Dist Dhule 7. The Block Education Officer, Panchayat Samiti, Dhule, Tq. and Dist. Dhule -- RESPONDENTS Mr.V.P.Golewar, Advocate for the Petitioner. khs/April 2024/7083 -2-Mr.R.K.Ingole, AGP for Respondent Nos. 1 to 4.Mr.N.N.Desale, Advocate for Respondent Nos. 5 and 6. WITH WRIT PETITION NO.7152 OF 2019Bhagwantrao s/o Shamrao Ahirrao,Age-61 years, Occu-Retired Government Servant,R/o 36-A, Indrayani Nagar, Opposite Omshree Mall,Near Market Committee, Sakri,Tq. Sakri, dist. Dhule -- PETITIONERVERSUS1. The State of Maharashtra,Through its Chief Secretary,Mantralaya, Mumbai - 32,2. The Secretary,Planning Department,Mantralaya, Mumbai3. The Divisional Commissioner,Nasik Division, Nasik,4. The Collector,Collectorate Dhule,Tq. and Dist.Dhule5. The Chief Executive Officer,Zilla Parishad, Dhule,Tq. and Dist. Dhule6. The Executive Engineer,Zilla Parishad, Works Department No.5,Dhule, Tq. And Dist Dhule7. The Block Education Officer,Panchayat Samiti, Sakri,Tq. Sakri, Dist. Dhule -- RESPONDENTSkhs/April 2024/7083 -3-Mr.V.P.Golewar h/f Mr.Amol Sawant, Advocate for the Petitioner.Mr.V.M.Kagne, AGP for Respondent Nos.1 to 4.Mr.N.N.Desale, Advocate for Respondent Nos. 5 and 6. ( CORAM : RAVINDRA V. GHUGE AND R.M. JOSHI, JJ.) DATE : APRIL 18, 2024ORAL JUDGMENT : (Per Ravindra V.Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard finally by
the consent of the parties.
2. These matters are taken up in the special drive to decide
the pending pension cases. After considering the extensive submissions
of the learned Advocates for the respective sides, upon perusing the
Petition paper books and considering the law settled on the point of
granting regularization to Mustering Assistant in the light of the
Scheme of the State Government enshrined under the GR dated
01.12.1995, these Petitioners are entitled for reckoning their entire
length of service strictly as per the scheme dated 01.12.1995, for the
purposes of the Pensionary benefits.
3. We could have reproduced the observations of this Court
khs/April 2024/7083 -4-
( Coram : Anoop V. Mohta and Ravindra V.Ghuge, JJ.) set out in the
judgment dated 04.05.2017 delivered at the Principal seat in WP
No.13220/2016 (Mone Rashmi Shriram Vs. The State of Maharashtra
and Others), 2017(4) BCR 623. However, we do not wish to increase
the length of this judgment. Suffice it to say that, the said judgment in
Mone Rashmi (supra), dated 04.05.2017 was heavily relied upon by
this Court at the Principal Seat in WP No.8908/2015 (Kishor Digambar
Gaikwad Vs. The State of Maharashtra and Others), decided vide
judgment dated 12.10.2018.
4. For the purposes of these Petitions, the following sequence
of events would be relevant.
[A] WP No.7083/2019 (Ramdas Bangar Patil)
(a) The Petitioner joined duties as a daily wager for maintaining the
attendance register on 25.02.1983.
(b) He was discontinued on 07.04.1986.(c) He preferred complaint (ULP) No.131/1994, which was allowed
by the judgment dated 19.09.1997, delivered by the Labour Court and
he was reinstated with continuity and full back wages. He
superannuated on 31.01.2014.
khs/April 2024/7083 -5-
[B] WP No.7152/2019 (Bhagwantrao Shamrao Ahirrao)
(a) He was appointed on daily wages to maintain the attendance
register on 20.05.1986.
(b) He was terminated on 08.08.1989.(c) He preferred Complaint (ULP) No.146/1989, which was allowedby judgment dated 28.09.1992.(d) He was reinstated in service with continuity and full back wages.(e) He superannuated on 01.05.2018.
5. In the judgment delivered in Kishor Gaikwad (supra), the
Division Bench at the Principal Seat, upon placing reliance on Mone
Rashmi (supra), recorded in paragraph Nos. 10 and 11 as under :-
"10. We are of the view that the interest of justice would be served ifthe Petitioners are absorbed from the date of the reference or filing ofthe complaints before Labour Courts/Industrial Tribunal as the casemay be. The said date would undoubtedly have a rationale as the datewhen the dispute in respect of the petitioners' termination has taken tothe Labour Court/Tribunal. However, we are conscious of the fact thatthe grant of absorption from the dates of filing of thereference/complaints would impose a financial burden on the StateGovernment, we would therefore modulate the relief insofar as the
khs/April 2024/7083 -6-
liability on account of the arrears that would arise. We therefore, allowthe petitions and issue the following directions :-
(i) The petitioners would be entitled to absorption in Governmentservice from the date of filing of the reference/Complaint in the LabourCourt/Industrial as the case may be, as shown in the tables hereinaboveproduced. The date should be assigned is the 1st of June of theparticular year. For example in respect of the petitioner KishorDigambar Gaikwad the date would be 01/06/1992.
(ii) That the petitioners would not be entitled to any monetary benefitsin the form of arrears on the said basis but the said date would betaken into consideration for notionally fixing the salary of thepetitioners/Pension of such of the petitioners who have retired, for thepurposes of seniority and promotional benefits, if applicable. Theexercise of notionally fixing the salary of the petitioners who are inservice, and pension of the petitioners who have retired would be donelatest by 31st January 2019.
(iii) Insofar as the petitioners who are in service, they would be paidsalary after carrying out the exercise of notional fixation. The revisedsalary would be payable from December 2018.
(iv) Insofar the petitioners whose petitions are pending in this Court,the date of absorption as stipulated by the instant Judgment would besubject to outcome of the said petitions.
11. The petitions are allowed to the aforesaid extent. Rule isaccordingly made absolute with parties to bear their own costs."
6. In view of the above, we deem it appropriate to follow the
khs/April 2024/7083 -7-
course adopted by this Court in Mone Rashmi (supra) and in Kishor
Gaikwad (supra).
7. The learned Advocate Mr.Desale has placed reliance upon
an order passed by this Court at Aurangabad, dated 09.03.2022 in WP
No.13860/2018, 13863/2018 and 13864/2018 (Arun Baliram Devre
Vs. The State of Maharashtra and Others). It is obvious that the view
taken by this Court in Mone Rashmi Shriram (supra), Kishor Gaikwad
(supra) and the judgment delivered in WP No.12043/2016 at
Aurangabad in Kadu Mahadu Bhawar Vs. The State of Maharashtra and
Others, decided on 06.09.2017, was not referred to. So also, the
judgment of this Court at Aurangabad delivered in WP No.2946/1997,
which was confirmed by the Hon'ble Supreme Court taking into account
the date of joining as 01.10.1988, was also not referred to.
8. In view of the above, these Writ Petitions are partly
allowed in terms of paragraph Nos. 10 and 11 in Kishor Gaikwad
(supra) reproduced above and the notional date for considering the
absorption of these Petitioners, would be the dates of the filing of their
ULP complaints, i.e. 131/1994 and 146/1989, respectively.
khs/April 2024/7083 -8-
9. Rule is made partly absolute in the above terms.
10. The notional fixation of salary of the Petitioners and
calculation of the pensionary benefits, so as to complete the pension
papers and commence the payment of pension, shall be done in 90 days
time by the Zilla Parishad / Respondent.
( R.M.JOSHI, J. ) ( RAVINDRA V. GHUGE, J.)khs/April 2024/7083 