Case Note & Summary
The petitioners, Sambhaji Dagduba Deokule, Prabhavati Vishwambharrao Patil, and Gulabpasha Ismail Shaikh, were daily wagers under the Latur Municipal Corporation. They were appointed to regular posts of Clerk/Typist by an order dated 03/02/2022, with effect from 28/12/2020. They filed a writ petition seeking to quash the appointment order to the extent it appointed them from 28/12/2020 and to direct the Corporation to regularise their appointments from 09-04-1997, relying on an order dated 13-12-2016 passed by the Bombay High Court in Writ Petition No.8477 of 2016. The Court examined the facts and found that the earlier judgment did not pertain to the petitioners. The appointment order clearly specified the effective date as 28/12/2020, and there was no basis to give it retrospective effect from 1997. The Court dismissed the petition, holding that the petitioners were not entitled to the relief sought.
Headnote
A) Service Law - Regularisation - Daily Wagers - Appointment from Back Date - The petitioners, daily wagers, were appointed as Clerk/Typist by order dated 03/02/2022 with effect from 28/12/2020. They sought regularisation from 09-04-1997 relying on a prior judgment in WP/8477/2016. The Court held that the earlier judgment did not cover the petitioners and that the appointment order cannot be given retrospective effect beyond the date specified. The petition was dismissed. (Paras 4-6)
Issue of Consideration
Whether the petitioners, who were appointed as Clerk/Typist on regular posts in 2022, are entitled to have their appointments regularised from 09-04-1997 based on the order dated 13-12-2016 passed in Writ Petition No.8477 of 2016.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Regularisation of daily wagers
- retrospective effect of appointment
- interpretation of court orders
- scope of writ of certiorari
Case Details
2025 LawText (BOM) (10) 254
Writ Petition No.4072 of 2025
Smt. Vibha Kankanwadi, Ajit B. Kadethankar
Mr. S. S. Kadtane for petitioners, Ms. P. R. Bharaswadkar (AGP) for respondent-State, Mr. H. V. Patil for respondent no.1
Sambhaji Dagduba Deokule, Prabhavati Vishwambharrao Patil, Gulabpasha Ismail Shaikh
Latur Municipal Corporation, Latur; The State of Maharashtra
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Nature of Litigation
Writ petition seeking quashing of appointment order and direction for regularisation from an earlier date.
Remedy Sought
Petitioners sought to quash the appointment order dated 03/02/2022 to the extent it appointed them from 28/12/2020 and to direct respondent no.1 to regularise their appointments from 09-04-1997.
Filing Reason
Petitioners, daily wagers, were appointed as Clerk/Typist in 2022 but wanted regularisation from 1997 based on a prior court order.
Previous Decisions
Order dated 13-12-2016 in Writ Petition No.8477 of 2016 was relied upon by petitioners.
Issues
Whether the petitioners are entitled to regularisation from 09-04-1997 based on the order in WP/8477/2016.
Submissions/Arguments
Petitioners argued that they should be regularised from 1997 as per the earlier judgment.
Respondents opposed the petition, stating the earlier judgment did not apply to the petitioners.
Ratio Decidendi
The appointment order dated 03/02/2022 clearly specifies the effective date as 28/12/2020. The earlier judgment in WP/8477/2016 does not cover the petitioners. There is no basis to give the appointment retrospective effect from 1997.
Judgment Excerpts
The petitioners although having been appointed on regular posts of ‘Clerk/Typist’ by the R.No.1 Latur Municipal Corporation w.e.f. 2020, they seek directions that their appointment on the said posts be regularised w.e.f 09-04-1997 interpreting the order dtd.13-12-2016 passed by this Court in Writ Petition No.8477 of 2016.
Procedural History
The petitioners filed Writ Petition No.4072 of 2025 before the Bombay High Court at Aurangabad. The court heard the matter finally with consent and dismissed the petition on 04-10-2025.
