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2013 Supreme(Bom) 2140

B.R.GAVAI, Z.A.HAQ
Sachin Ambadas Dawale – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioners:R.L. Khapre, J.R. Kidilay, Advocates.
For the Respondents: N.W. Sambre, Government Pleader.

Judgment :

Z.A. Haq, J.

1. Heard Shri R.L. Khapre, learned Advocate for the petitioners and Shri N.W. Sambre, learned Government Pleader for respondents.

2. Rule. Rule made returnable forthwith.

3. The petitioners are Lecturers in different departments of Government Polytechnic in the State of Maharashtra. The petitioners have been appointed as per the policy of the Government of Maharashtra incorporated in the Government Resolution dated 25th July, 2002 as modified by the Government Resolution dated 2nd August, 2003 and 3rd October, 2003. The grievance of the petitioners is that though they have been in the employment of the respondents for a period ranging from three years to ten years, they are not given permanency and the benefits of permanent appointment.

4. The Finance Department of the Government of Maharashtra had imposed a ban on recruitment in all the departments since 1998. In view of the ban, the appointments were not made in Government and nongovernment aided educational institutions which adversely affected the education of the students. In 2001 – 2002 permission was granted to fill 50% to 2/3rd teaching posts but the posts could not be filled and in the academic y




















































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