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Bombay High Court

SAKEB ABDUL HAKIM OSMANI AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the writ petition was not maintainable and allowed its withdrawal, permitting the petitioners to approach the Maharashtra Administrative Tribunal.

Summary

The petitioners, appointed on a contractual basis as District Disaster Management Officers/Divisional Disaster Management Coordinators, filed a writ petition under Article 226 seeking regularisation of their services and grant of permanency with all attendant benefits. The State, through its AGP, objected, contending that the petition was not maintainable because the appropriate remedy lay before the Maharashtra Administrative Tribunal under the relevant service law. The petitioners' counsel agreed to approach the Tribunal and requested withdrawal of the writ petition. The Court granted permission to withdraw the petition and directed that the petitioners were free to pursue their claim before the Tribunal. Consequently, the writ petition was dismissed without adjudicating the merits of the regularisation claim.

Issues considered

  • Whether a writ petition under Article 226 is maintainable when the remedy for service regularisation lies before the Maharashtra Administrative Tribunal?
  • Whether contractual disaster management officers can obtain regularisation and permanency through a writ of mandamus?

Subjects

  • Article 226
  • service regularisation
  • contractual employees
  • Maharashtra Administrative Tribunal
  • withdrawal of petition
  • disaster management officer

Judgment

2026:BHC-AUG:3619-DB




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 133 OF 2026

                              Sakeb Abdul Hakim Osmani And Others
                                             VERSUS
                               The State Of Maharashtra And Others

           Mr. S. K. Chavan, Advocate for petitioners
           Mr. V. M. Kagne, AGP for respondent-State

                                             CORAM : Smt. Vibha Kankanwadi &
                                                     Hiten S. Venegavkar, JJ.
                                             DATE       : 23rd January, 2026

           ORDER (PER : Hiten S. Venegavkar, J.) :-


           1.           Present petition has been filed under Article 226 of the

           Constitution of India mainly seeking direction to regularize the services

           of the petitioners as District Disaster Management Officer/Divisional

           Disaster Management Coordinator and grant permanency with all

           consequential    service   benefits   from   the   date   of   their   respective

           first/initial appointment, as mentioned in the chart annexed at Exhibit ‘B’

           of this writ petition.



           2.           By way of preliminary objection, learned AGP submits that

           the petitioners are working for the State Government on contractual

           basis and according to the learned AGP, seeking regularization will be a

           subject that can be claimed by the Maharashtra Administrative Tribunal.



           927-WP-133-2026.odt                                                         1 of 2
He accordingly, submits that the writ petition is not maintainable as

there is remedy to file original application before the Maharashtra

Administrative Tribunal under the said act.



3.            Learned Advocate for the petitioners after taking instructions,

submits that the petitioners will approach the Maharashtra Administrative

Tribunal and prefer appropriate application for necessary reliefs. He thus,

prays for withdrawal of the petition.



4.            Permission to withdraw the petition is granted. Liberty to the

petitioners to approach Maharashtra Administrative Tribunal.




(Hiten S. Venegavkar, J.)                 (Smt. Vibha Kankanwadi, J.)

B. S. Joshi




927-WP-133-2026.odt                                                     2 of 2


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