Bombay High Court

SHRI SUBHASH VISHWANT GHONEversusSTATE OF MAHARASHTRA THROUGH SECRETARY, PLANNING DEPT. AND ORS.

Disposal: Disposed Off

Holding

The petition lacks merit and is dismissed.

Summary

The petitioner, Subhash Vishwant Ghone, filed a writ petition seeking the quashing or modification of two Government Resolutions dated 1 December 1995 and 21 April 1999, which relate to the "Rozgar Hami Yojna" scheme for absorption and regularisation of workers. He argued that, although the resolutions protect workers employed as of 31 May 1993, he was terminated on 13 January 1991 and thus should be entitled to the scheme's benefits. The petitioner also relied on the Division Bench judgment in Ashok Bhikanrao Deshmukh v. State of Maharashtra (Writ Petition No. 2149 of 2011) and contended that it should apply to his case. The Court examined the relevant clauses of the resolutions and found that the petitioner fell outside the protective ambit, and held that the facts differed from those in the cited precedent. Consequently, the Court concluded that the petition had no merit and dismissed the writ petition without costs.

Issues considered

Whether the Government Resolutions of 1 December 1995 and 21 April 1999, which protect workers employed as of 31 May 1993, can be extended to a petitioner terminated before that date.
Whether the petitioner is entitled to absorption and regularisation under the Rozgar Hami Yojna scheme.
Whether the judgment in Ashok Bhikanrao Deshmukh v. State of Maharashtra is applicable to the present facts.

Subjects

Writ petition
Certiorari
Government Resolution
Rozgar Hami Yojna
Absorption and regularisation
Service termination
Precedent applicability

Judgment

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
IRESH
MASHAL 01.12.1995 and 21.04.1999, after going through the same, be

Digitally
pleased to quash and set aside the same.
signed by
IRESH
MASHAL
Date:
2026.08.31
15:42:52
+0530
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

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Iresh
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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”.

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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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