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Bombay High Court

JANARDHAN DIGAMBAR KALUREversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

Temporary appointment as Gram Rojgar Sevak does not confer a right to be absorbed in a permanent post.

Summary

Petitioners Ramrao Devidas Mundhe and Janardhan Digambar Kalure filed writ petitions seeking a court direction that the State of Maharashtra absorb them as permanent Gram Rojgar Sevaks. The Court noted that the petitioners were appointed only on a temporary scheme and had not been appointed to a permanent post following due process of law. Relying on its earlier decision in Writ Petition No.4582 of 2018, the Court held that temporary service does not create a right to absorption in a permanent post. Consequently, the petitions were found to be devoid of merit. The Court dismissed both writ petitions.

Issues considered

  • Does a temporary appointment as Gram Rojgar Sevak give the petitioner a right to be absorbed in a permanent post?
  • Can the court direct the State to absorb temporary Gram Rojgar Sevaks into permanent service?

Subjects

  • Gram Rojgar Sevak
  • temporary appointment
  • absorption
  • public service
  • writ petition
  • service law

Judgment

2026:BHC-AUG:12183-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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