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Bombay High Court

RAMRAO DEVIDAS MUNDHEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

A temporary appointment as Gram Rojgar Sevak does not confer a right to be absorbed in permanent service.

Summary

Petitioners Ramrao Devidas Mundhe and Janardhan Digambar Kalure, who had been employed on a temporary Gram Rojgar Sevak scheme, filed writ petitions seeking a court direction that the State of Maharashtra absorb them as permanent employees. The High Court examined whether a temporary appointment creates a legal right to permanent absorption. Relying on its earlier decision in Writ Petition No.4582 of 2018, the Court held that no such right exists because the petitioners were not appointed on a permanent post following due process of law. Consequently, the petitions were found to be devoid of merit and were dismissed. The judgment reaffirmed that temporary scheme participation alone does not entitle one to permanent service.

Issues considered

  • Does a temporary appointment as Gram Rojgar Sevak confer a right to be absorbed in permanent service?
  • Can the court direct the State to absorb petitioners without the due process required for permanent appointments?

Subjects

  • temporary employment
  • permanent absorption
  • Gram Rojgar Sevak
  • writ petition
  • public service
  • due process
  • employment law

Judgment

2026:BHC-AUG:12181-DB

                                                 1
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD.

                                911 WRIT PETITION NO. 5393 OF 2019

               Ramrao Devidas Mundhe                                      .. Petitioner
                     Versus
               The State of Maharashtra and Others                        .. Respondents
                                                …..
                                               AND

                                912 WRIT PETITION NO. 5394 OF 2019

               Janardhan Digambar Kalure                                  ..Petitioner
                     Versus
               The State of Maharashtra and Others                        ..Respondents
                                               …..

               Shri. P. S. Koshti, Advocate for the Petitioners in both the matters
               Smt. Vaishali P. Dama, AGP for the State in WP No.5393/2019
               Shri. M. A. Aher, AGP for the State in WP No.5394/2019
                                                    …..

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

               PER COURT :-

               .     Indisputably, the issue raised in the present Petitions 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
                                2
         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 Petitions are dismissed.




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


GGP


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