2026:BHC-AUG:2762-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10607 OF 2017

1) Sahebrao S/o Sheshrao Pawar, Age-55 yrs., Occ. - Service.

R/o Pardeshwar nagar, Opp. Pardeshwar Temple, Nandkheda Road, Parbhani.

2) Dnyanoba S/o Gyanoji Late, Age-56 yrs., Occ. - Service.

R/o MHADA colony, Near Shantiniketan, Gangakhed Road, Parbhani.

3) Prakash S/o Balasaheb Kulkarni, Age-54 yrs., Occ. - Service.

R/o House No.6/7, MHADA colony, Near Shantiniketan, Gangakhed Road, Parbhani.

At present Municipal Council Purna, Dist. Parbhani.

...PETITIONERS - VERSUS -

1. The State of Maharashtra Through Principal Secretary, Urban Development Department, Mantralaya, Mumbai-32.

2. The Directorate of Municipal Administration, 3rd floor Government Transportation Seva Building, Sir Pochkhanwala Road, Warli, Mumbai – 30.

3. The Regional Directorate of Municipal Administration, Aurangabad Division, Aurangabad.

The Divisional Commissioner's Office, Aurangabad.

4. The Collector, Parbhani, Dist. Parbhani. 5. The Commissioner, Municipal Corporation, Parbhani, Dist. Parbhani.

...RESPONDENTS …

Shri Vilas M. Humbe, Advocate for the petitioners.

Shri B.V. Virdhe, AGP for respondent Nos.1 to 4/State.

Smt. Rani Bharukha-Bora, advocate h/f Shri S.S. Bora, advocate for respondent No.5.

…

CORAM : KISHORE C. SANT &

SUSHIL M. GHODESWAR, JJ. Reserved on : 09 January 2026 Pronounced on : 22 January 2026 JUDGMENT ( P er Sushil M. Ghodeswar, J.) :-

1. Heard.

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

3. By this petition filed under Article 226 of the Constitution of India, the petitioners pray for quashing and setting aside the impugned order dated 04.08.2017 issued by respondent No.5/ Municipal Commissioner thereby, cancelling the order dated 11.06.2009 granting pay scale of Clerks to petitioner Nos.1 to 3 w.e.f. 03.01.1987, 30.08.1986 and 02.05.1986, respectively and instead, directing to give the said benefits w.e.f. 31.08.2001.

4. According to the petitioners, they were appointed as daily wage clerks with the erstwhile Municipal Council, Parbhani (now respondent No.5/ Municipal Corporation) on vacant posts by orders dated 01.05.1986, 23.12.1985 and 02.05.1986, respectively. However, since their services were terminated, they filed Writ Petition Nos.3457/1990, 3603/1990 and 3100/1990. According to them, this Court by interim order restrained the respondent Municipal Corporation from discontinuing their services. It is claimed that their services as clerk were regularized w.e.f. 31.08.2001. It is also claimed that the writ petitions filed by them were disposed of by this Court vide order dated 10.01.2002 with clarification that the terms of employment of the petitioners shall be governed by the conditions of service as applicable to other regular employees of respondent No.5.

5. It is the case of the petitioners that petitioner No.3 was granted pay scale of clerk on 25.07.2003 w.e.f. his initial appointment as daily wage clerk, however, it was cancelled by respondent No.5 vide order dated 13.08.2004. Thereafter, the Collector, Parbhani, vide order dated 05.02.2005 directed the Chief Officer of Parbhani Municipal Council to follow the order passed by this Court and cancel the order dated 13.08.2004. In view of the directions of the Collector, the then Chief Officer of Parbhani Municipal Council vide order dated 23.03.2005 cancelled earlier order dated 13.08.2004 and granted pay scale of Rs.950-1500/- w.e.f. 01.05.1986 to petitioner No.3. Since the aforesaid order in the matter of petitioner No.3 was cancelled, therefore, petitioner Nos.1 and 2 also approached the Collector with similar prayer. The Collector vide letter dated 15.06.2005 directed the Chief Officer to extend said benefits to petitioner Nos.1 and 2. Accordingly, the Municipal Council by order dated 24.06.2005 also extended revised pay scale to petitioner Nos.1 and 2. However, the said orders dated 23.03.2005 and 24.06.2005 were cancelled by order dat