Case Note & Summary
The petitioners, ten individuals appointed as Shikshan Sevaks in Zilla Parishad High Schools in Gondia district, filed a writ petition seeking regularisation of their services as Junior Assistants. They were appointed between 2000 and 2002 under a scheme that promised regularisation after three years of satisfactory service, as per Government Resolution dated 30.04.1998. Despite completing three years, the respondents (State of Maharashtra, Zilla Parishad, and others) failed to regularise them, leading to the petition. The court found that the petitioners had a legitimate expectation and that the doctrine of promissory estoppel applied, as the government had made a clear promise. The court held that the respondents' inaction was arbitrary and capricious, causing hardship to the petitioners. The court directed the respondents to regularise the petitioners' services as Junior Assistants from the date they completed three years of service, with all consequential benefits, including seniority and pay fixation. The judgment was delivered by a division bench of Justices Sunil B. Shukre and Milind N. Jadhav on 01.10.2019.
Headnote
A) Service Law - Regularisation - Promissory Estoppel - Legitimate Expectation - Petitioners appointed as Shikshan Sevaks in Zilla Parishad schools were promised regularisation as Junior Assistants upon completion of three years of service as per Government Resolution dated 30.04.1998 - Despite fulfilling conditions, respondents failed to regularise their services - Court held that the government is bound by its promise and cannot act arbitrarily - Directions issued to regularise petitioners' services from the date of completion of three years of service with consequential benefits (Paras 1-10).
Issue of Consideration
Whether the petitioners, appointed as Shikshan Sevaks, are entitled to regularisation as Junior Assistants based on the government resolution and the doctrine of promissory estoppel and legitimate expectation.
Final Decision
The court allowed the writ petition and directed respondent nos.1 to 3 to regularise the services of the petitioners as Junior Assistants from the date they completed three years of service, with all consequential benefits including seniority and pay fixation.
Law Points
- Promissory estoppel
- legitimate expectation
- regularisation of services
- arbitrary government action
- Maharashtra Zilla Parishad and Panchayat Samitis Act
- 1961
