wp5725.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5725 OF 2010 Rajdhar s/o Shamrao Pawar, Age-45 years, Occu: Service, R/o-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, (Through Secretary, E.G.S. Planning Dept.), 2) The Secretary (E.G.S.) Planning Department, Secretariat, Mumbai-32, 3) The Divisional Commissioner, (E.G.S.) Aurangabad Division, Aurangabad, 4) The Collector, Aurangabad, 5) The Executive Engineer (Minor Irrigation) (E.G.S.), Division No.2, Padampura, Aurangabad. ...RESPONDENTS. ... Shri.V.V. Jahagirdar Advocate for Petitioner. Shri.V.B. Ghatge, A.G.P. for Respondent Nos. 1 to 5. ... wp5725.10 2 CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 29TH NOVEMBER, 2011. ORAL JUDGMENT [PER NARESH H. PATIL, J.] : 1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. The Petitioner seeks directions to the Respondents to include the name of the Petitioner in the list of supernumerary mustering assistants with effect from 25th June, 2004 and for grant of consequential benefits. 3. Consequent to notice issued, on behalf of the Respondents, Mr. Ravikant Ramakant Hadoltikar, Sub Divisional Officer, Minor Irrigation, Local Sector, Sub Division, Kannad, filed affidavit in wp5725.10 3 reply, dated 9th September, 2011. In Para 3 and 4 the deponent contends that: "3. I most respectfully say and submit that, the petitioner has filed this Writ Petition seeking directions to include the name in the list of supernumerary mustering assistants from the date of 25.6.2004 and to pay the petitioner consequential benefits of the post of supernumerary mustering assistant from the date of 25.4.2004 etc. I say that, it is contended by the petitioner that he is serving as mustering assistant from 24.1.1985 continuously. He was continuous service for five years and approached Labour Court in Complaint ULP No.324/1992 which is decided on 28.3.1994. The petitioner contended that, by the Government decision dated 25.6.2004, the mustering wp5725.10 4 assistants who were in service during the period from 26.5.1993 to 31.5.1993 were absorbing in Government establishment. However his claim for absorption is not considered." "4. I say and submit that, the office of the deponent has forwarded the list of mustering assistant serving under the employment guarantee scheme vide communication dated 4.12.1995 thereafter also on 15.6.2001, 15.4.2002, 31.3.2003, 15.3.2003, 22.9.2003, 26.8.2004 and 24.10.2007, information is submitted to the higher authorities dealing the issue of mustering assistant. In the said communications and the list submitted thereto the claim of the present petitioner is forwarded. I say that, without going into controversy as narrated in the affidavit in reply filed on behalf of wp5725.10 5 respondent No.4, I say that, the issue can be sorted out on the basis of information submitted and it is mentioned herein above and in the light of such information, the claim of the petitioner can be taken into consideration." 4. The learned A.G.P. submits that the issue in respect of claim of the Petitioner is pending with the Authority and the appropriate orders would be passed within six months. 5. From the reply filed on behalf of the Respondents, it transpires that issue has been referred to the appropriate Authority. In the light of the statement made by the learned A.G.P., we direct the concerned Authority shall pass appropriate orders on the claim of the Petitioner in accordance with the record and policy adopted by the State, within SIX MONTHS from today. wp5725.10 6 6. Rule is made absolute on the terms indicated above. 7. Authenticated copy of this order be provided to the learned A.G.P. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/NOV11