Bombay High Court

Administrative regularization of service cannot be abruptly rescinded or deferred without adhering to principles of natural justice.

Ghanashyam R.Mhatre And Ors. vs State Of Maharashtra And Ors.

Bombay High CourtJUDGMENT: June 18, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The 21 Petitioners were appointed to Class IV posts by the Uran Municipal Council (Respondent No. 4) in 1997.

Source reference: p. 3

While the Petitioners claimed their appointments followed lawful procedure, the State contended they were made without following prescribed norms.

Source reference: p. 3

In 2001, a labor complaint was filed seeking regularization.

Source reference: p. 4-5

During its pendency, the Director of Municipal Administration (Respondent No. 2) issued an order on June 24, 2002, regularizing their services under Section 76(2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, effective from that date.

Source reference: p. 4-5

Consequently, the Petitioners withdrew their labor complaint.

Source reference: p. 5

On June 19, 2006, the Deputy Director issued an impugned order deferring the date of regularization from June 24, 2002, to June 19, 2006, without assigning reasons or providing a hearing.

Source reference: p. 6-7
02

Issues

1. Whether the Respondents could unilaterally defer the date of regularization from a previously settled date without assigned reasons or adhering to the principles of natural justice.

Source reference: para. 8, 12

2. Whether the impugned order dated June 19, 2006, was legally sustainable given that the Petitioners had already altered their legal position based on the 2002 order.

Source reference: para. 12-13
03

Law Applied

Section 76(2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, which empowers the Director to regularize appointments.

Source reference: p. 4, 9

Principles of Natural Justice (specifically audi alteram partem), necessitating a show-cause notice before passing orders with adverse civil consequences.

Source reference: para. 8, 15

Constitutional guarantees under Articles 14 and 16 of the Constitution of India, protecting against arbitrary state action and ensuring fairness in public employment.

Source reference: para. 15
04

Reasoning

The Court observed that the 2002 regularization order created vested rights in the Petitioners, who subsequently withdrew their litigation before the Labour Court, thus changing their position to their potential detriment if the order was altered.

Source reference: para. 12

The court found the 2006 order to be a "drastic action" taken after a four-year gap without any valid justification or a show-cause notice.

Source reference: para. 13

The reasoning in the 2006 order—alleging the Municipal Council recognized appointments from 1997—was found insufficient to override the Director's 2002 order, which the Petitioners had accepted as a "compromise".

Source reference: para. 14

The Court determined that the failure to provide a hearing before depriving the Petitioners of four years of regularized service constituted a clear breach of natural justice and constitutional fairness.

Source reference: para. 15
05

Holding

The Court held that the regularization granted via the order dated June 24, 2002, must stand, as the Respondents could not arbitrarily withdraw or defer such benefits without due process of law.

The Court allowed the Writ Petition, quashing and setting aside the impugned orders dated June 19, 2006, and August 10, 2006. Respondents No. 2, 3, and 4 were directed to withdraw/cancel the impugned orders insofar as they related to the Uran Municipal Council.

Source reference: para. 16

Rule was made absolute with no orders as to costs.

Source reference: para. 17
Bombay High Court

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Ghanashyam R.Mhatre And Ors.vsState Of Maharashtra And Ors.

Bombay High Court · June 18, 2026

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