Bombay High Court
MUKUND JAISINGH UTEKARversusTHE STATE OF MAHARASHTRA THR SECRETARY MEDICAL EDUCATION AND DRUGS DEPARTMENT
- Decided
- Disposal
- Disposed Off
Holding
The contempt petition was closed, with liberty granted to the petitioners to raise the retrospective regularisation issue in appropriate proceedings.
Summary
The petitioners, former temporary employees, filed a contempt petition alleging that the State of Maharashtra failed to comply with a February 28, 2025 order directing their regularisation. The State argued that a Government Resolution dated February 28, 2026 had already implemented the order, rendering the contempt petition moot. The petitioners contended that, although regularisation had been effected, it was not given retrospective effect from the date they began working, a point they claimed was not expressly mandated by the court. The Court held that the issue of retrospective benefit could not be raised in the contempt proceeding and therefore closed the contempt petition, allowing the petitioners to raise the matter in a suitable forum. No opinion was expressed on the merits of the retrospective regularisation claim.
Issues considered
- Whether the State's issuance of a Government Resolution in February 2026 satisfies the court's February 2025 order, thereby negating contempt.
- Whether the court's order required the State to give retrospective effect to the regularisation of the petitioners' services.
Subjects
- contempt of court
- service regularisation
- retrospective effect
- government resolution
- writ petition
Judgment
Digitally signed
by MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.08.19
17:16:00 +0530
8-CP-611-2025 (C).DOC
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 611 OF 2025
Mukund Jaisingh Utekar & Ors …Petitioners
Versus
The State Of Maharashtra Thr Secretary Medical …Respondents
Education And Drugs Department & Ors
Mr. R.S. Upadhay, for the Petitioners.
Mr. A.R. Deolekar, AGP, for the Respondent-State.
CORAM: SUMAN SHYAM &
ADVAIT M. SETHNA, JJ.
DATED: 17th AUGUST 2026.
PC:-
1. This Contempt Petition has been filed alleging willful
disobedience of the order dated 28th February 2025 passed by this
Court in Writ Petition No. 10793 of 2022, whereby, the order of the
MAT dated 14th February 2022 passed in Original Application No.
756 of 2020 has been affirmed, thus maintaining the original order
passed by the learned Tribunal issuing a direction for
regularization of the service of the original Applicants/Petitioners.
2. Mr. Deolekar, learned AGP, by referring to the additional
reply filed on behalf of the Respondents, submits that the
Government has already issued Government Resolution dated 28th
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8-CP-611-2025 (C).DOC
February 2026, for implementing the Court order, thus regularizing
the services of the Petitioners. Therefore, nothing further survives
in the Contempt Petition.
3. Responding to the above submission, Mr. Upadhay, learned
counsel for the Petitioners, submits that although the services of
his clients have been regularized, effect has not been given to the
same from the date on which they started working under the
Respondents, as temporary employees. However, on a pointed
query made by this Court, Mr. Upadhay, in his usual fairness, has
submitted that such a direction was not specifically issued by this
Court making it mandatory for the Respondents to give
retrospective effect to the order of regularization. If that be so, in
our considered opinion, the aforesaid issue cannot be agitated in
this Contempt Petition.
4. We, therefore, close the Contempt Petition by granting
liberty to the Petitioners to agitate the above issue, in an
appropriate proceedings, if so advised. We further make it clear
that we have not expressed any opinion on the merit of the claim
of the Petitioners regarding retrospective benefit of regularization
of their services.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
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