1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2384 OF 1994 1] Rajaram S/o Lotu Thakur, Aged 29 years, Occu. Nil, R/o Manoor, Tq. Bhusawal, Dist. Jalgaon. 2] Nabab S/o Dagdu Dalvi, Aged 30 years, Occu. Nil, r/o Plot No. 8, Mukhatai Nagar, Harsha Vardhan Colony, Jalgaon. 3] Jagannath S/o Bansi Nanaware, Aged 30 yers, Occu Nil, R/o Chandasar, Tq. Erandol, Dist. Jalgaon. 4] Jagannath S/o Rajaram Gaikwad, Aged 30 years, Occu. Nil, R/o Kajgaon, Tq. Bhadgaon, Dist. Jalgaon. .. PETITIONERS. VERSUS 1] The State of Maharashtra, Through its Secretary, Rural Development Department, Mantralaya, Bombay-32. 2] Zilla Parishad, Jalgaon Through its Chief Executive Officer. 3] Regional Subordinate Services Selection Board, Gulab, Opp. Mamta Talkies, Shivani Nagar, Nasik-6, Dist. Nashik Through its Secretary. ..RESPONDENTS WITH WRIT PETITION No. 583 OF 1995 2 Hilal S/o Laxman Umap Age 29 years, Occu. Nil, R/o C/o Valmik Trimbak Pawar, Kajgaon, Tq. Bhadgaon, Dist. Jalgaon .. PETITIONER. VERSUS 1] The State of Maharashtra, Through its Secretary, Rural Development Department, Mantralaya, Bombay-32. 2] Zilla Parishad, Jalgaon Through its Chief Executive Officer. 3] Regional Subordinate Services Selection Board, Gulab, Opp. Mamta Talkies, Shivani Nagar, Nasik-6, Dist. Nashik Through its Secretary. ..RESPONDENTS ... Shri. P.R. Patil, Advocate for Petitioners. Shri K.B. Choudhari, Addl.G.P. for respondent State. Shri V.D. Hon, Advocate for the respondent No. 2. CORAM :- B.R.GAVAI AND S.V. GANGAPURWALA JJ. DATE : 9th MAY, 2010. ORAL JUDGEMENT: By way of present petition the petitioners are claiming a direction to the respondent No. 3 Regional Selection Board, Nashik to complete its procedure for selection of Multi 3 Purpose Health Workers of Zilla Parishad, Jalgaon. The petitioners have also prayed for writ of mandamus against the respondent No. 2 to continue their services as Multipurpose Health Workers. 2. The petitioners were appointed as Multi Purpose Health Workers from 02/07/1992. Petitioners are duly selected by selection committee consisting of Chief Executive Officer, District Health Officer and District Social Welfare Officer. The petitioners were also sent for requisite training. However, it appears that on account of certain directions issued by the State Government the services of the petitioners were terminated on 28/06/1994. Being aggrieved thereby the petitioners are before us. 3. Shri P.R. Patil, on behalf of the petitioners submits that the services of the petitioners came to be discontinued on illegal grounds. It is submitted that the no fault petitioner, their services were terminated. It is submitted that only on account of non completion 4 of the procedure by the selection committee the petitioners were terminated. He therefore submits that the petitioners are entitled to be continued in the services. 4. Shri V.D. Hon, on behalf of the respondent No. 2 on the contrary submits that petitioners were not selected by the selection board . He therefore submits that there is no merit in the petition. 5. It can be seen that initial entry in the service of the petitioners is after due selection. The petitioners are duly selected by selection committee consisting of Chief Executive Officer, Zilla Parishad, District Health Officer and District Social Welfare Officer. Not only this but the petitioners were also sent for training. After completing their training, the petitioners are terminated. Merely because the selection board did not complete its procedure, could not be a ground to terminate the services of the petitioners. It is further to be noted that now selection boards are abolished since 5 long. The petitioners are selected by selection committee consisting of Chief Executive Officer, Zilla Parishad, Jalgaon and other officers. Therefore, it cannot be said that the selection of the petitioners is through back door entry. One more aspect that needs to be noticed is that the petitioners are permitted to continue by an interim order passed by this Court on 31/08/1994. It can be seen that about 18 years continuous service had been completed by the petitioners. 6. In that view of the matter we allow the petition and the termination of the petitioners are set aside. The respondents are directed to continue the services of the petitioners as regular employees and that they are further granted deemed date with effect from 02/07/1992. 7. Rule is made absolute in the above terms no order as to costs. [S.V. GANGAPURWALA, J ] [B.R.GAVAI, J ] SDM* 2384.94 WP(J)