1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.689 OF 1994 Shri Kasam Jafar Mujavar & ors. : Petitioners versus The Secretary to the Govt. of Maharashtra and anr. : Respondents. Shri Rahul S Kate for the Petitioners. Mr. A D Vagyani AGP for Respondent Nos.1 and 2. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 24 th June 2010 P.C. 1 The Petitioners are working as Supervisor and Muster Clerks. The instant Petition has been filed inter alia praying for their absorption in the Irrigation Department as permanent employees and also for an injunction restraining the Respondents from terminating their services. 2 The Petitioners claim to have been appointed some time in the year 1972­73 and it is their claim in the instant Petition that up to the date of filing of the Petition, they have worked for over 240 days in every calender year. On behalf of the Petitioners, learned counsel Mr.Kate submits that during pendency of the above Petition, the 2 Petitioners have been absorbed in various different departments of the Government of Maharashtra. However, the learned counsel for the Petitioners contends what remains is that directions may be issued to treat the Petitioners’ service as continuous from the date of initial appointment i.e. from the year 1972­73. 3 We are informed at the Bar that the State Government has from time to time formulated various schemes for the absorption of the muster roll assistants. It would only be on the touch stone of such a scheme that the benefits sought for by the Petitioners can be granted. 4 Considering the fact that initially the Petitioners have been initially appointed in the year 1972­73, the relief sought for by the Petitioners of continuous service till this date has to be considered by the Respondents on the touch stone of the particular scheme that is applicable to the Petitioners. 5 With the aforesaid directions, we partly allow the above Petition in the above terms by making the rule absolute accordingly. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]