Umesh Subhash Shirke and Anr. v. the State of Maharashtra Throu. the Principal Sec. Revenue and Forest Dept and Ors.
Interim order – Contractual employees
Case brief
What is this about?
Writ Petition No. 347 of 2026, Umesh Subhash Shirke & Anr. v. The State of Maharashtra & Anr., High Court of Judicature at Bombay (Civil Appellate Jurisdiction), coram Ravindra V. Ghuge and Abhay J. Mantri, JJ., order dated 08 January 2026. Interim order protecting contractual employees (service of more than 10 years and 5 years respectively) apprehending replacement by adhoc employees: until further orders the Petitioners are not to be replaced by adhoc or contractual employees; Respondents free to follow due public-employment recruitment procedure, Petitioners at liberty to apply; notice returnable 16 February 2026 with AGP waiver and affidavit-in-reply 10 days prior; office objections by 22 January 2026, failing which petition deemed dismissed without reference to the Court on 23 January 2026. No statutes or precedents cited; no impugned order stated.
What did the court decide?
Interim order: notice issued to the Respondents, returnable on 16th February 2026, with the learned Additional Government Pleader waiving service on behalf of all Respondents; Affidavit-in-reply to be filed at least 10 days prior to the returnable date; until further orders the Petitioners (contractual employees of over 10 years and 5 years' service) are not to be replaced by adhoc or contractual employees, with liberty to the Respondents to follow the due procedure for recruitment in public employment and corresponding liberty to the Petitioners to apply; office objections to be removed on or before 22nd January 2026, failing which the Petition would stand dismissed without reference to the Court on 23rd January 2026.