- 1 - wp.2236.1997,2774.1997 dik IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2236 OF 1997 Shalik Wamanrao Ranvare & Ors. ... Petitioners Vs. The State of Maharashtra & Ors. ... Respondents. WITH WRIT PETITION NO.2274 OF 1997 Uttam Vishnu Kashid ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents. Mr.Machhindra A. Patil, Advocate for the Petitioners in both the Petitions. Mr. A.D.Kango, AGP for the Respondent Nos.1 & 3 in W.P.No.2236 of 1997 and for Respondent Nos.1 and 2 in W.P.No.2774/1997. CORAM : A. S. OKA , SMT. S.S. JADHAV JJ. DATE : 24th AUGUST, 2012. P.C. 1. Heard the learned counsel appearing for the Petitioners and learned A.G.P for the first to third Respondents. 2. The Petitioners were employed as Muster Assistants in Irrigation Department of the State of Maharashtra. The Petitioners filed separate complaints before the Industrial Court,Solapur alleging the commission of unfair labour practices covered by the Items 5, 6, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and - 2 - wp.2236.1997,2774.1997 Prevention of Unfair Labour Practices Act, 1971 (Hereinafter referred to as the “Said Act of 1971”). The Industrial Court directed the Respondents to confer the status and privileges of the permanent employee with effect from 1st October, 1998 on the Petitioners. The Industrial Court directed them to pay monetary benefits available to the post of Muster Assistants. 3. It appears that in March 1997, the Petitioners in Writ Petition No.2236 of 1997 were offered the post of “Paharekari” which is a Class-IV post. Being aggrieved by the said action, the Petitioners in the said Petition filed present Writ Petition. 4. As far as the Petitioner in Writ Petition No.2774 of 1997 is concerned, he was offered the post of “Parichar” by the Zilla Parishad Solapur which is a Class-IV post. The order of the appointment of the Petitioner in the said post was issued on 3rd June, 1997. Being aggrieved by the said order, Petitioner preferred said Writ Petition. 5. On 23rd February, 1998, Rule was issued by the Division Bench of this Court in these Writ Petitions. Prior to that ad-interim relief was granted in both the Writ Petitions protecting the posts of Muster Assistants held by the Petitioners. On 23rd February, 1998, while issuing Rule, this Court continued ad-interim relief granted earlier only up to 15th June, 1998. This Court referred to the scheme of absorption - 3 - wp.2236.1997,2774.1997 framed by the State of Maharashtra and directed the Petitioners to approach the District Collector by the end of March 1998 for a suitable job. In the event of the Petitioners approaching the Collector, this Court directed the Collector to consider the application of the Petitioners in accordance with the scheme by the end of April 1998. 6. It appears that the Petitioners in Writ Petition No.2236 of 1997 were offered the post of “Parichar” by the Zilla Parishad. Same is the case with the Petitioner in the Writ Petition No. 2774 of 1997. 7. The learned counsel appearing for the Petitioners have produced for perusal of the Court photo-copies of Service Books of the Petitioners in Writ Petition No.2236 of 1997. From the Service Books we find that all of them were absorbed in the post of “Parichar” which is a Class-IV post in the pay scale of Rs.750-940. We find from the Service Books tendered across the bar that, the first Petitioner superannuated from 31st May, 2007. Second Petitioner is still in the employment of the State Government as Talathi which is a Class-III post. As far as third Petitioner is concerned, he is superannuated on 31st May, 2007 while working as “Parichar”. The fourth Petitioner superannuated on 31st May, 2012 from the same post. As far as Writ Petition No.2774 of 1997 is concerned, the Petitioner was also absorbed initially as a “Parichar” and thereafter he was appointed as a “Talathi” - 4 - wp.2236.1997,2774.1997 which is a Class-III post. The Petitioner superannuated with effect from 6th August, 2012. 8. The aforesaid subsequent developments which have taken place during the pendency of the Petitions are not disputed by the learned A.G.P 9. Hence, these Petitions will be governed by the Judgment and Order dated 19th July, 2012 passed by this Court in W.P.No.2946 of 1997 ( Ramchandra Kondiba Mahajan Vs. State of Maharashtra & 2 others). 10. For the reasons which this Court has recorded in the said Judgment and Order, we dispose of Petitions by passing the following order. 1. In view of the Judgment and Order dated 8th April, 1997 passed by the learned Industrial Court, Solapur, for the purpose of considering the grant of pensionary benefits, the Petitioners shall be treated as Permanent Employees with effect from 1st October, 1988 till the respective dates of superannuation. 2. In case of the Petitioners who were already superannuated, it will be open for them to make a representation to the concerned Authorities for grant of pensionary benefits. - 5 - wp.2236.1997,2774.1997 3. If such representation is made, same shall be decided as expeditiously as possible and preferably within a period of four months from the date on which the representations are made. 4. We make it clear that, apart from issuing directions regarding the date of permanent employment of the respective Petitioners, we have not examined the case of the Petitioners as regards the eligibility of pensionary benefits. 5. Rule is made partly absolute on both terms with no order as to costs. [ SMT. S.S. JADHAV J. ] [ A. S. OKA, J ]