Case Note & Summary
The present writ petition under Article 226 of the Constitution of India was filed by 21 employees of the Uran Municipal Council, challenging orders dated 19 June 2006 and 10 August 2006 which altered the effective date of their service regularization. The petitioners were appointed to Class IV posts in 1997, albeit without following prescribed norms. Their services were subsequently regularized by an order of the Director of Municipal Administration dated 24 June 2002, issued under Section 76(2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, with certain conditions. Pursuant to this regularization, the petitioners withdrew a pending complaint before the Labour Court, Thane, as the matter stood settled. However, almost four years later, the Deputy Director of Municipal Administration issued the impugned order dated 19 June 2006, directing that the date of regularization should be the date of that very order instead of 24 June 2002, and further requiring adjustment of dearness allowance grants already drawn. This subsequent order contained no reasons and was passed without affording any hearing to the petitioners. The petitioners contended that the impugned order was arbitrary, violative of natural justice, and unjustified, especially since they had accepted the earlier regularization and had acted upon it. The State respondents filed a reply affidavit seeking to justify the impugned order. The court heard arguments from both sides, but the available excerpt of the judgment does not include the final decision or the court's reasoning on the merits. Consequently, the operative part of the judgment and the ratio decidendi are not ascertainable from the provided text.
Issue of Consideration
Whether the impugned order dated 19 June 2006 altering the date of regularization of the petitioners' services from 24 June 2002 to 19 June 2006 is valid? Whether such alteration violates principles of natural justice and is without reasons?
Law Points
- Regularization of services under Section 76(2) of the Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
- requirement of reasons for altering administrative orders
- principles of natural justice
- ex post facto sanction
Case Details
2026 LawText (BOM) (06) 103
WRIT PETITION NO. 6559 OF 2006 WITH CIVIL APPLICATION NO. 2405 OF 2018
G. S. Kulkarni, AARTI SATHE, JJ.
Ms. Manjiri S. Parasnis for the Petitioners, Smt. M. P. Thakur, AGP for State, Mr. Prasad Keluskar i/b. Mr. G. H. Keluskar for Respondent No.4
Ghnashyam R. Mhatre & Ors.
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition under Article 226 challenging orders altering the date of regularization of services of municipal employees
Remedy Sought
Petitioners sought writs of certiorari and mandamus to quash the orders dated 19.6.2006 and 10.8.2006, and to restore the regularization date as 24.6.2002
Filing Reason
The impugned order dated 19.6.2006 unilaterally changed the effective date of regularization from 24.6.2002 to 19.6.2006 without reasons, adversely affecting their service conditions
Previous Decisions
The Director of Municipal Administration had regularized the services of petitioners on 24.6.2002 under Section 76(2) of the Maharashtra Municipal Councils Act, 1965; petitioners had withdrawn their complaint before the Labour Court based on that regularization
Issues
Whether the impugned order dated 19 June 2006 is valid and legal?
Whether the alteration of the date of regularization violates principles of natural justice and is without reasons?
Submissions/Arguments
Petitioners argued that the impugned order lacked reasons, was abrupt, and violated natural justice as it was passed without hearing; they had accepted the earlier regularization and withdrawn their complaint, and there was no justification for the change.
Respondents filed a reply affidavit seeking to justify the impugned order (details of justification not fully available in the excerpt).
Judgment Excerpts
The appointments of twenty one employees on the establishment of Uran Municipal Council, as mentioned in Appendix – A, were made without following the procedure prescribed by the Government. The said appointments are made to the posts which are lying vacant for a long period and which are duly sanctioned and therefore, in exercise of the powers conferred under Section 76 (2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the said appointments are hereby regularised and ex post facto sanction is granted thereto, subject to following conditions.
Pursuant to the Order of this Office under reference, the appointment of irregular employees on the establishment of your Municipal Council had been regularized as per sections 56 [2] and 337 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 and Ex-post facto sanction had also been granted thereto. However, it has been observed that the Municipal Council has regularized the appointments of the said employees from the date of their first appointment instead of regularizing the same from the date of this Office Order. Therefore, the said employees should be regularized with effect from the date of this Order.
The Respondents have issued the letters of permanency to the workers concerned in the above complaint and therefore the matter is settled between the parties. The Complainant is enclosing the orders of individual worker issued by the Respondents. The Hon'ble Court may be pleased to dispose off the Complaint as settled.
Procedural History
Petitioners appointed to Class IV posts in Uran Municipal Council in 1997 (various dates). Complaint (ULP) No. 141 of 2001 filed on 31 March 2001 before Labour Court, Thane, seeking regularization. Director of Municipal Administration passed order dated 24 June 2002 under Section 76(2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, regularizing services from that date. Petitioners withdrew complaint; Labour Court permitted withdrawal on 15 January 2003. Deputy Director issued impugned order dated 19 June 2006 altering the regularization date to 19 June 2006. Impugned order dated 10 August 2006 also issued by Respondent No.4. Writ Petition No. 6559 of 2006 filed challenging these orders.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: 76(2), 56(2), 337
- Constitution of India, 1950: Article 226
