Decided on April 21,2017

Mr. Sandeep Tulshiram Mohite Appellant
Registrar, Small Causes Court, Mumbai Respondents


S.C.DHARMADHIKARI, J. - (1.) These five petitions under Article 226 of the Constitution of India raise common issues of fact and law. They were heard together and are, therefore, disposed of by this common judgment.
(2.) These batch of petitions came to be assigned by an order passed on 15th December, 2015, to a Bench presided over by S.C. Dharmadhikari, J. These writ petitions challenge an order passed by the competent authority, namely, the Chief Judge, Court of Small Causes at Mumbai dated 16th November, 2015. The order reads as under : ORDER In view of direction of the Hon'ble High Court contained in its letter No.F.3720/2001, dated 11th December, 2001, at Sr. No.31 and further directions issued by the Hon'ble High Court in Inspection Note of this Court, 2015, vide its letter dated 12th October, 2015, at Sr. No.43, the following staff members who were initially appointed to the post of "Hamal" on the establishment of this Court are hereby removed from the Government Service with effect from Monday, the 16th November, 2015 (A.O.H.). Sr. No. Name and Designation of staff members 1 Shri S.T. Mohite, Hamal 2 Shri A.B. Jadhav, Bailiff 3 Smt. S.S. Lingayat, Clerk-Typist 4 Shri U.G. Tambe, Hamal 5 Shri S.D. Salvi, Clerk-Typist In view of above, the Office is hereby directed to take the necessary steps to pay the dues, as admissible to them, as per rules by recovering Government dues, if any, pending against them, at the earliest. The Office is further directed to take note of this Order and its compliance in their Original Service Books. Sd/- Prithviraj K. Chavan Chief Judge"
(3.) It is aggrieved by this order and which is common to the petitioners in the above petitions, that it is prayed that it be quashed and set aside. That, a writ of mandamus or any other writ, order or direction in the nature thereof be issued for absorption of the petitioners in the services on the establishment of the Court of Small Causes, Bombay. Alternatively, their services be regularized.;

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