SHRI SUBHASH VISHWANT GHONE v. STATE OF MAHARASHTRA THROUGH SECRETARY, PLANNING DEPT. AND ORS.
WP/12463/2015 · 2026-08-29
body2015
DailyLaw.ai
[ 2015 DAILYLAW 2979 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2015 DAILYLAW 2979 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
7-12463-15-wp.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12463 OF 2015 Shri Subhash Vishwant Ghone ....Petitioner Vs. State of Maharashtra Through Secretary, Planning Dept. & Ors. ....Respondents Mr. Abhay A. Jadhavar, advocate for the Petitioner Mr. N. C. Walimbe, Addl GP a/w Mr. Santosh A. Jadhav ‘B’ Panel Counsel for the State CORAM : RAJESH S. PATIL, & ABHAY J. MANTRI, JJ. DATE : 29 AUGUST 2026 P. C. :
1. By this Writ Petition, the Petitioner is seeking reliefs as under:
“(a) Be pleased to issue writ of certiorari, writ in nature of certiorari or any other appropriate writ order and direction calling for the record and proceeding of the Scheme prepared by the Respondents herein under Government Resolutions dated 01.12.1995 and 21.04.1999, after going through the same, be pleased to quash and set aside the same. Or in the alternatively (b) Be pleased to issue appropriate writ, order and directions to the Respondents modifying, altering, clarifying the Scheme issued on 01.12.1995 and 21.04.1999 thereby giving the benefits of the absorption and regularisation of the Services to the workers who rendered services for the years together in 1 of
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7-12463-15-wp.doc the Scheme commonly known as “Rozgar Hami Yojna” at the relevant point of time for the reasons and circumstances mentioned herein above.”
2. The Advocate for the Petitioner has harped upon judgment of the Division Bench of this Court passed in Ashok Bhikanrao Deshmukh Vs. The State of Maharashtra and ors in Writ Petition No. 2149 of 2011. He submitted, this Judgment squarely applies to the present proceedings. 3. The learned APP has shown us the Government Resolution (GR) dated 1 December 1995, and more particularly clause 3, sub- clause 3.1. The said sub-clause grants protection to persons who were working as of 31 May 1993. Admittedly, the present Petitioner was terminated much before 13 January 1991. Therefore, the benefit of the said GR will not be applicable to the present Petitioner.
Hence, the Petitioner is seeking that the said GR dated 1 December 1995, along with the GR dated 21 April 1999, be quashed and set aside; and in the alternative, he is seeking modification of the GR dated 1 December 1995 and the GR dated 21 April 1999 and grant of the benefit of absorption and regularisation of service of the Petitioner under the scheme commonly known as "Rozgar Hami Yojana”. 2 of
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4. The view taken by the Coordinate Bench of this Court in Ashok Bhikanrao Deshmukh (supra) will not be applicable to the present Petitioner, since the facts of the said judgment are quite different from the facts in the present proceedings. 5. Admittedly, the Petitioner as of date is 60 years old. Having heard the learned counsel for the Petitioner and after going through the GRs and other documents on record, we are convinced that there is no merit in the Writ Petition. 6. The Writ Petition stands dismissed with no order as to costs. [ABHAY J. MANTRI, J.] [RAJESH S. PATIL, J.]
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