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2019 Supreme(Bom) 1907

B.R.GAVAI, DAMA SESHADRI NAIDU
Mahesh Madhukar Wagh – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.S. Pakale and Manisha Deokar i/b Shankar M. Katkar
For the Respondents: R.M. Shinde, AGP, Amit B. Borkar and Abhijeet A. Joshi

JUDGMENT :

B.R. Gavai, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

2. Petitioners who are working as Assistant Professors with Respondent No. 3-University, have approached this Court, praying for directions to the Respondents to treat the Petitioners as permanent teachers in the post of Assistant Professor and extend the benefits and facilities, as admissible to the said post and ancillary benefits.

3. Heard Mr. Pakale, learned Counsel appearing on behalf of the Petitioners.

4. Mr. Pakale, learned Counsel for the Petitioners, submitted that the Petitioners have been appointed as Assistant Professors right from the year 2012-13 on 'year to year' basis and, thereafter, have been continued on year to year basis; albeit, showing the same to be fresh appointments. He therefore submitted that perusal of the material placed on record would clearly reveal that the posts are permanent and the Respondent University has illegally and arbitrarily continued the Petitioners on an ad-hoc basis, though the Petitioners are entitled to be treated as permanent employees. Mr. Pakale, learned Counsel, though fairly admitted that the appointments of the Petitioners are

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