Allowed

Mangla Santu Chaudhari v. the State of Maharashtra and Others

Bombay HC22 Feb 2021WP/3259/2021

Case brief

AI extract

What is this about?

The High Court granted regularisation of service to the petitioner, a Kamathi in a Tribal Development Department school, after she completed ten years of service. The court ordered regular pay-scale from the date of filing the petition but denied financial benefits for the prior period.

What did the court decide?

Regularisation of services granted with effect from completion of ten years of service or filing date; regular pay-scale from date of filing.

Mangla Santu Chaudhari Vs the State of… — Pension and Retirement Benefits | Bombay HC (2021)

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1 wp 3259.2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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38 WRIT PETITION NO.3259 OF 2021

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MANGLA SANTU CHAUDHARI

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner: Mr. Bhalerao R. D.
AGP for Respondents/State: Mr. S. G. Karlekar
...

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CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

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DATE:22nd FEBRUARY, 2021

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PER COURT:

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1.The petitioner claims to be working as

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Kamathi in the Government Aided Post Basic

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Secondary Ashram School, Ghatghar, Tq. Akole,
District Ahmednagar since 2009. The petitioner
seeks regularisation of service. The petitioner

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relies on the judgment of this Court in Writ

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Petition No. 5867 of 2015 with connected writ
petitions, decided under judgment and order dated
31.10.2018.

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2.The factual matrix does not appear to be

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disputed. The Ashram School is run under the
Tribal Development Department in a tribal area.

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2 wp 3259.2021

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The petitioner completed ten years and more
service. We had, in our judgment dated 31.10.2018
in Writ Petition No. 5867 of 2015 and connected
writ petitions considered the plight of these
persons working in tribal areas and granted them
regularisation.

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3.For the reasons recorded in the judgment and

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order dated 30.10.2018 in Writ Petition No. 5867
of 2015 and connected writ petitions, we allow the
writ petition and pass the following order:

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ORDER

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(i)The respondents shall regularise the

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services of the petitioner with effect from
the date the petitioner has completed ten
years of service or on the date of filing of
the writ petition, whichever is later.

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(ii)For all practical purposes, the

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services of the petitioner shall be

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considered regular from the date, as observed
above. The petitioner will not be entitled
for actual financial benefits for the period

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3 wp 3259.2021

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prior to the present order. The petitioner
would be entitled for regular pay-scale from
the date of filing of petition, i.e.
20.01.2021.

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4. Writ petition is accordingly disposed of. No costs.

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[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

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marathe

Mangla Santu Chaudhari v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Mangla Santu Chaudhari v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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