SHIVAJI SHRIPATI GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both petitions filed under Articles 226 and 227 of the Constitution of India have challenged the common judgment dated 7.3.2011 rendered by the Maharashtra Administrative Tribunal (for short, "MAT") in a group of original applications. In Writ Petition No.2092 of 2011, three of the petitioners were the private respondents before the Tribunal. Writ Petition No.4236 of 2011 has been filed by the State of Maharashtra.

(2.) Rule. Respondents waive service. By consent of the parties, the petitions have been heard finally.

(3.) By the notification dated 17.7.2009, the State Government, in exercise of its powers conferred by the proviso to Article 309 of the Constitution of India, framed the State Excise Department (Recruit) Rules, 2009, and the said notification was published in the State Government Gazette of the same date. Rule 3 of the said Rules and more particularly Rule 3(a)(iii) read with Rule 3(c)(iii), came to be challenged on its constitutional validity before the MAT. The Tribunal has, by the impugned common judgment, upheld the constitutional validity of the impugned Rule but at the same has stated that it shall not apply to the original applicants who had joined prior to 1.1.1993 as clerks/constables under the State Excise Department.