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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
KISHORE C.SANT, SUSHIL M.GHODESWAR, JJ.
Nilkanth, s/o. Manikrao Kulkarni – Petitioner
Versus
The State of Maharashtra, Through its Secretary, Urban Development Department – Respondent
Writ Petition No.1359 of 2017
Decided On : 07-04-2026
| Table of Content |
|---|
| 1. writ petition prayers for quashing order, regularization, benefits. (Para 1 , 2 , 3) |
| 2. temporary teacher's continuous service, prior litigation, gr 2002 claim. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. long service deems quasi-permanent for pensionary benefits. (Para 10 , 11) |
| 4. no vacancy bars regularization; temporary excludes retiral benefits. (Para 12 , 13 , 14) |
| 5. 20-year service requires absorption despite vacancy denials. (Para 15 , 16 , 17 , 18 , 19) |
| 6. b.ed. teachers entitled benefits from initial appointment. (Para 20 , 21) |
| 7. direct grant of regularization and retiral benefits. (Para 22 , 23 , 24) |
JUDGMENT :
Sushil M. Ghodeswar, J.
1. Heard.
2. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
3. Through the instant petition, the petitioner has made the following substantial prayers:-
“(B) By issuance of writ of certiorari or writ or order or direction in like nature, to quash and set aside the order dated 25/03/2009 passed by the respondent no.2; for that purpose issue necessary directions.
(C) By issuance of writ of Mandamus or writ or order in like nature, to direct the respondent no. 6 to prepare and forward the proposal before the competent authority for getting the retirement benefits to the petitioner and further direct to the respondent authorities to decide the same in stipulated time.
(D) By issuance of writ of Mandamus or writ or order in like nature, to direct the respondent authorities to confer the retirement benefits, pension, gratuity, arrears of salary and all other consequential benefits to the petitioner by considering the trained graduate primary teacher; for that purpose issue necessary directions.”
4. The learned advocate Shri Shelke appearing for the petitioner submitted that by the impugned order dated 25.03.2009, respondent No.2/ Divisional Commissioner i.e. Regional Director, Municipal Administration, Aurangabad, held that since no new posts are available, therefore, temporary teachers like the petitioner cannot be regularized.
5. Shri Shelke submitted that the petitioner possesses qualification of B.A., B.Ed. and he came to be appointed as ‘Assistant Teacher’ in the school run by respondent No.5 Municipal Council vide order dated 17.08.1992. According to the learned advocate, though his first appointment was on temporary basis, however, it is admitted position that his services were approved by the respondent authorities and he has rendered services without any break till his retirement on 31.10.2012.
6. Shri Shelke further submitted that in view of Government Resolution dated 17.06.2002, temporary Assistant Teachers, who are possessing requisite qualification and who are appointed in 1997-98, are to be regularized by absorption in vacant posts or by creating new posts. Therefore, the petitioner along with similarly situated teachers, approached this Court by filing Writ Petition No.910/2004 seeking direction to regularize their services from the date of their initial appointments. In Writ Petition No.910/2004, the learned AGP made the statement that respondent Nos.1 to 3 would grant necessary approval for regularization of the petitioners therein after considering their eligibility criteria and vacancy situation and bearing in mind the decision of this Court in Kondiba Dattarao Mirashee vs. State of Maharashtra and others , 2003(2) Mh.L.J. 432, within eight weeks. By accepting the said statement made by the learned AGP, this Court, vide order dated 18.03.2004, disposed of Writ Petition No.910/2004.
7. According to the petitioner, pursuant to the aforesaid order dated 18.03.2004, the proposal was submitted by the Municipal Council to the authorities for absorption of the petitioner and other similarly situated persons. However, respondent No.5 Municipal Council, vide letter dated 15.05.2004, has communicated the decision of respondent No.2 rejecting the proposal. Therefore, the petitioner along with other persons again approached this Court by filing Writ Pet
Over 20 years continuous temporary service as qualified teacher entitles regularization and full retirement benefits despite no vacancies, as authorities must absorb or create posts per policy; denia....
The court affirmed that the resignation of a regularized employee should be treated as voluntary retirement, entitling her to pension and retiral benefits under the applicable rules.
Irregular appointments do not confer rights to service regularization or pension benefits; res judicata bars relitigation of previously adjudicated claims.
The court established that a teacher's continuous absence for five years leads to deemed abandonment of service, allowing for regularisation under specific provisions of the Act.
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
The actual duties performed by an employee should be considered over the nomenclature of their initial appointment, and the relaxation of provisions in the rules should be extended to similarly situa....
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
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