MBMC Cancels its own Resolution to Permanentize Medical Officers, Citing Supreme Court Ruling

Mira Bhayandar: In a sudden turn of events, the Mira Bhayandar Municipal Corporation (MBMC) has cancelled its own resolution to permanentize two Medical Officers -  Dr. Siddhant Donde in 01 Scheduled Caste category (vacant as per reservation) and Dr. Ramesh Maurya in 01 open category as Medical Officer (Group-A) (Pay Scale Rs.S-20 56100-177500), who are currently working on lump sum basis in Public Health Department of Mira Bhayander Municipal Corporation. 

The resolution, passed by Municipal Commissioner and Administrator IAS Sanjay Katkar on July 9, 2024, had been submitted to the State Government for approval on July 11, 2024. However, before receiving the necessary approvals, the Municipal Commissioner cancelled the resolution on July 26, 2024, citing the Supreme Court's judgement in the case of Umadevi Vs Karnataka Govt.

The judgement states that "Back door appointments can never be regularized," leading the MBMC to conclude that the regularization proposal cannot be accepted after appointing employees on a contractual basis without following the prescribed procedure.

As a result, the inclusion of Dr. Siddhant Donde and Dr. Ramesh Maurya in the permanent post of Medical Officer (Group-A) in Municipal Service cannot be done. The cancellation was formalized through Administrative Resolution No. 77, passed on July 26, 2024. 

This decision has raised questions about the decision-making capability of the Municipal Commissioner. Was he not aware of the Supreme Court's judgement before passing the resolution? Why did he initially approve the regularization in much hurry? Did he not consider the implications of his actions on the employees and the department? 

The sudden reversal has left many wondering if the Commissioner's decisions are driven by whims rather than careful consideration and adherence to established laws and procedures.

There are numerous employees in the Mbmc who were initially hired on Contractual basis via Contractors and were later included in Municipal Service as permanent employees. Now, after the resolution passed by Commissioner Sanjay Katkar refering supreme court's judgement, questions also raises that the employees who were previously permanentized with the approval of State Government was in violation of the Supreme Court's judgement ?