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2004 Supreme(Bom) 1221

D.D.SINHA, B.P.DHARMADHIKARI
Vinayak Kisan Jadhao & others – Appellant
Versus
District & Sessions Judge, Buldana & others – Respondent


JUDGMENT - SINHA D.D., J.: - Heard Mr. Subodh Dharmadhikari, learned Counsel for the petitioners and Mr. Deopoojary, learned Asstt. Govt. Pleader for respondent Nos. 1 and 2 in Writ Petition Nos. 1771 of 1993 and 2171 of 1993. Since the cause of action/issue involved in both the above writ petitions is common, they are heard together and disposed of by this common judgment.

2. Learned Counsel for the petitioners states that the petitioner in Writ Petition No. 2171 of 1993 was appointed on 20th December, 1982 to the post of peon in the Subordinate Judiciary. Similarly, the petitioner Nos. 1, 2 and 3 in Writ Petition No. 1771 of 1993 were appointed on 1st July, 1982 as a Chowkidar, 2nd July, 1984 and 16th December, 1982 as Peons respectively. It is submitted that Class-III and Class-IV posts in various Subordinate Courts are governed by the Recruitment Rules for recruitment to Class-III and Class-IV services in Subordinate Judiciary. In terms of the said Rules, the Appointing Authority for the Class III and Class-IV employees belonging to Subordinate Judicial Service is the District Judge of the concerned District.

3. Mr. Dharmadhikari, learned Counsel, states that the said Recruitme








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