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
Checking your session…