JUDGEMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally, with the consent of the parties.

2. The identically placed petitioners have putforth prayer Clauses (B), (C) and (D), as under :

(B) By issuing writ of mandamus or any other appropriate writ, order or direction, or writ of mandamus like nature and to directing the respondent Nos. 1 and 2 to declare that the petitioners are permanent Employee of Zilha Parishad and comply the agreement dated 15.09.1998 and pay the regular pension and family pension and other consequential benefits and also pay the arrears of 6th Pay Commission including the time bound pay scale as per the G.R. dated 01.04.2010.

(C) By issuing writ of mandamus or any other appropriate writ, order or direction, or writ of mandamus like nature and to directing the respondents to pay the regular pension and family pension and its consequential and also direction to pay the arrears of 6th Pay Commission and the time bound pay scale as per the G.R. dated 01.04.2010.

(D) Pending hearing and final disposal of the writ petition direction like nature and direct the respondent Nos. 1 and 2 to declare that the petitioners are permanent Employee of Zilha Parishad and comply the agreement dated 15.09.1998 and pay the regular pension and family pension and other consequential benefits and also pay the arrears of 6th Pay Commission including the time bound pay scale as per the G.R. dated 01.04.2010.”

3. After these matters were considered by the earlier Bench (Coram : Ravindra V.Ghuge and S.G. Mehare, JJ), an order was passed on 15th September, 2021, which reads as under :

“1. We have briefly heard the learned advocates for the respective sides. There is no dispute that the Maharashtra Water Supply and Sewerage Board (presently the Maharashtra Jeewan Pradhikaran) had transferred water supply schemes at various districts to the zilla parishads. The scheme, along with the employees and the sanctioned posts which they have occupied with the board, were all shifted to the zilla parishad.

2. In identical set of facts, in Writ Petition Nos.947, 3659, 3660, 4030 and 4479 of 1997, this Court had delivered an order on 23.09.1998 recording the fact that the board had transferred the scheme, along with the employees after due notice to the union, to the respective municipal councils. The understanding was that all the posts in existence then with the board in a particular water supply scheme, would stand transferred to the municipal council. In the case in hand, a tripartite settlement was arrived at on 15.09.1998 between the MJP, the CEO Zilla Parishad, Latur and the Executive Engineer MJP Construction Division. By the said agreement, several activities were transferred to the zilla parishad. Notwithstanding clause-2 on internal page no.2 of this agreement, the services of those employees to be transferred to the zilla parishad as per clause-4 and 8 of the settlement, are mentioned in the annexure annexed to the settlement.

3. While delivering the order dated 23.09.1998 referred to above, this Court noted a purshis filed by the learned AGP dated 01.09.1998 signed by the Assistant Secretary, Government of Maharashtra, Water Supply and Sanitation Department declaring that all those employees who were in the employment of the board and connected with the water supply schemes, would be transferred to the municipal council along with the posts and that would mean that the posts would stand automatically created in the municipal council. It was also agreed by the State Government that they would not take an objection with regard to whether posts are created in the municipal council. The present case stands on an identical footing with the only difference that, in place of the municipal council, it is the respondent zilla parishad.

4. The learned advocate for the zilla parishad, on the basis of the affidavit, does not dispute the settlement and contends that all such employees stood transferred to the zilla paris