Bombay High Court

BHASKAR EKNATH BADAKversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

The petition is dismissed; temporary Gram Rojgar Sevak workers have no right to be absorbed as permanent employees.

Summary

The petitioner, Bhaskar Eknath Badak, filed a writ petition seeking a court direction that the State of Maharashtra absorb him as a permanent Gram Rojgar Sevak. The Court examined whether temporary workers under the Gram Rojgar scheme acquire a right to permanent appointment. Relying on its earlier decision in Writ Petition No.4582 of 2018, the Court held that no such direction could be issued because the petitioners were not appointed on a permanent post following due process of law. The temporary nature of their service does not confer any right of absorption. Consequently, the petition was found to be devoid of merit and was dismissed.

Issues considered

Whether petitioners are entitled to be absorbed as permanent Gram Rojgar Sevak despite being appointed under a temporary scheme.
Whether the Court can direct the State to absorb temporary Gram Rojgar Sevak workers without compliance with due process.

Subjects

Gram Rojgar Sevak
temporary employment
absorption
service law
writ petition
dismissal

Judgment

2026:BHC-AUG:12176-DB

                                                1
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD.
                               923 WRIT PETITION NO.13343 OF 2019
               Bhaskar Eknath Badak                                      ..Petitioner
                     Versus
               The State of Maharashtra and Others                       ..Respondents
                                               …..
               Smt. Vaishali P. Dama, AGP for the State.
                                                  …..

                                           CORAM :      N. B. SURYAWANSHI AND
                                                        VAISHALI PATIL – JADHAV, JJ.
                                           Dated     : MARCH 18, 2026
               PER COURT :-

               .     Indisputably, the issue raised in the present Petition is covered by

               the decision of this Court (Coram: Kishore C. Sant & Sushil M.

               Ghodeswar, JJ.) in Writ Petition No.4582 of 2018 and connected matters

               decided on 4th February, 2026, wherein it is held that:


                         “3. The petitioners have filed petition seeking
                         direction to the respondents to absorb the petitioners
                         in service as Gram Rojgar Sevak. This Court find that
                         no such direction can be issued with regard to the
                         post of Gram Rojgar Sevak as they were not appointed
                         on permanent post by following due process of law.
                         In the present case, merely because the petitioners
                         have worked as Gram Rojgar Sevak on the temporary
                         scheme, that does not give any right to get absorbed.
                         4.     Considering the above, this Court finds that
                         petitions are devoid of merit and, therefore, stand
                         dismissed as such.”

               2.    For the aforesaid reasons, the Petition is dismissed.




               (VAISHALI PATIL-JADHAV, J.)                 (N. B. SURYAWANSHI, J.)
               GGP

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