Bombay High Court

BHARAT AATMARAM DAKEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petitioners have no vested right to be absorbed into regular service; the writ petitions are dismissed.

Summary

The petitioners, who were working as Gram Rojgar Sevaks under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA), filed writ petitions seeking a direction that the Government absorb them into regular service. They contended that their employment under the scheme gave them a right to such absorption. The Court examined whether any statutory right accrued to the petitioners merely by being engaged for a specific scheme. It held that the appointment was limited to the scheme and did not create a vested right to permanent service. Consequently, the petitions were dismissed without any order as to costs.

Issues considered

Whether Gram Rojgar Sevaks engaged under MGNREGA are entitled to be absorbed into regular government service.
Whether any statutory right accrues to persons employed under a specific scheme for the purpose of service absorption.

Legislation cited

Mahatma Gandhi National Rural Employment Guarantee Act, 2005

Subjects

MGNREGA
Gram Rojgar Sevak
service absorption
writ petition
public service employment
right to employment

Judgment

2026:BHC-AUG:5454-DB




                                             (1)                    wp655.17


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            11 WRIT PETITION NO. 655 OF 2017
                                   KONDIBA THAKAJI RODE
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                            AND
                            16 WRIT PETITION NO. 4639 OF 2018
                                 MAHADEV SITARAM BOBADE
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                            AND
                            17 WRIT PETITION NO. 4640 OF 2018
                                NAGNATH PANDURANG BODKHE
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                            AND
                            18 WRIT PETITION NO. 4641 OF 2018
                                   GANESH DEVIDAS KADAM
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                            AND
                            19 WRIT PETITION NO. 4642 OF 2018
                                   BHARAT AATMARAM DAKE
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                            AND
                            21 WRIT PETITION NO. 4653 OF 2018
                                 SIDHESHWAR KISAN GHATUL
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                            AND
                           905 WRIT PETITION NO. 1092 OF 2017
                                  NAVNATH GANPAT JADHAV
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS

           Mr. P.C. Mayure h/f. Mr. K.U. Shirodkar, Advocate for the petitioners.
           Ms. Saie S. Joshi, AGP & Ms.Kalpalata Patil Bharaswadkar, Addl. G.P. for
           the respondent-State in respective matters.
                                           (2)                      wp655.17


Mr.V.C. Patil h/f. Mr. U.B. Bondar and Mr. U.S. Mote, Advocate for the Zilla
Parishad in respective matter.

                                       CORAM : KISHORE C. SANT &
                                               SUSHIL M. GHODESWAR, JJ.
                                       DATE  : 06.02.2026
PC :-

01.                Since learned Advocate Mr. S.P. Joshi appearing for the
petitioners is appointed as Asstt. Government Pleader, his appearance for
the petitioners is discharged.


02.                Heard learned Advocate Mr. P.C. Mayure h/f. Mr. Shirodkar for
the petitioners.          These are the petitions filed seeking directions to the
Government to absorb the petitioners in service. The petitioners claimed
to be working as Gram Rojgar Sevak under the Mahatma Gandhi National
Rural Employment Guarantee Scheme.


03.                It is clear that the petitioners were taken only for a particular
scheme. No rights have been accrued in their favour to seeks such relief.


04.                Considering the above, present Writ Petitions stand dismissed
with no order as to costs.




[SUSHIL M. GHODESWAR, J.]                              [KISHORE C. SANT, J.]


snk/2026/Feb26/wp655.17

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