- (1.) These appeals are directed against the order dated 19-1-2007, Shivshankar Gundu Jawanjal v. Stale of Maharashtra,2001 3 MhLJ 43 passed by the Division Bench of the Bombay High Court whereby it declared that the unpaid candidates appointed till 12-2-1987 cannot be termed as backdoor entrants and they are eligible for the schemes formulated by the State Government, which were circulated vide GRs dated 21-10-1995 and 22-10-1996 and directed that the vacant Class III posts be filled from amongst the unpaid candidates who were appointed on or before 12-2-1987.
(2.) The Revenue and Forest Department of the Government of Maharashtra maintains the land records in respect of urban as well as agricultural lands. The land records include survey numbers of land, layouts and property cards. The Department also maintains records of transfers of ownership and possession of all immovable properties in Maharashtra. For making available certified copies of the property cards and other documents which are required to be supplied under the Maharashtra Land Revenue (Inspection, Search and Supply of Copies of Land Records) Rules, 1970, the Department employed unpaid candidates. They were not paid salary by the Government but were paid 70% of the amount collected from those who applied for certified copies. The balance 30% used to be deposited in the Government treasury.
(3.) Shri Madan Vishwamber Desai, Secretary of Bhoomi Abhilek Bina Vetan Karamchari Sanghatana, Maharashtra, an unregistered association representing about 150 persons filed OA No. 153 of 1991 before the Maharashtra Administrative Tribunal (for short "the Tribunal") for issue of a direction to the State Government and its functionaries to regularise their services and pay them salary on a par with regular employees by asserting that unpaid employees were continuously working and discharging the duties of regular employees. The appellants, who were non-petitioners before the Tribunal contested the application mainly on the ground that members of the association were not regularly recruited and were not paid salary and other benefits admissible to the government employees and, as such, they were not entitled to be regularised in the government service.;