1 Judg. wp 2108.00.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.2108 of 2000
Dr. Chandrabhan Uddhav Dhawas,
aged about 43 years, Occ.-Service,
R/o.-Ayurvedic Hospital, Ghonsa, Tahsil Wani,
District Yavatmal. .... Petitioner.
-Versus-
1] The Chief Executive Officer,
Zilla Parishad, Yavatmal.
2] The District Health Officer,
Zilla Parishad, Yavatmal.
3] The State of Maharashtra,
through its Secretary,
Ministry of Rural Development,
Mantralaya, Mumbai. .... Respondents.
-----------------------------------------------------------------------------------
Ms Arti Singh, Advocate holding for Shri P.D. Meghe, Advocate for the
petitioner.
Mrs. Geeta Tiwari, Assistant Government Pleader for respondent no.3.
-----------------------------------------------------------------------------------
Coram : R. K. Deshpande &
Mrs. Swapna Joshi, JJ.
th Dated : 06 June, 2017 ORAL JUDGMENT (Per R. K. Deshpande, J.) ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:38:37 ::: 2 Judg. wp 2108.00.odt The petitioner joined the post of Junior Medical Officer (Class-III) in the services of Zilla Parishad on 26-12-1983 and claims higher pay scale available to the promotional post in the scheme of stagnated promotion launched by the Zilla Parishad as per the Government Resolution dated 08-06-1995. From the reply filed by respondent nos.1 and 2, it appears that the Selection Committee examined the confidential reports of the petitioner for the last five years i.e. 1989-1990 to 1993-1994 and found that the confidential reports of the petitioner for the years 1990-1991 and 1993-1994 were adverse. The petitioner was found unfit by the competent Selection Committee and therefore was denied the benefit of higher pay scale of Rs. 8000-275-10500/- available to the promotional post. 2] The claim of the petitioner is based on the Government Resolution dated 08-06-1995. The copy of the same is annexed with the petition as Annexure-'F'. The scheme was implemented in respect of the employees working in Class-III and Class-IV post who could not get promotion for want of vacancies or where no promotional avenues were open. The criterion prescribed for consideration is rendering of 12 years continuous regular service in Class-III or Class-IV post. The ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:38:37 ::: 3 Judg. wp 2108.00.odt benefit under the said Government Resolution was required to be granted to the employees in accordance with the seniority and passing of the departmental examination. It is not in dispute that on 22-02-2000 the certain other employees junior to the petitioner were granted benefit of the scheme from the date of completion of their 12 years regular continuous service in Class-III post.
3] Perusal of Government Resolution dated 08-06-1995 does not reveal that the fitness is the criterion to be adopted for grant of benefit of the higher pay scale. The criterion is of rendering of 12 years continuous regular service and passing of the departmental examination. The petitioner satisfies such criterion. The averment in the petition is that from the beginning the service record of the petitioner has been excellent and he received the certificates from time to time for that purpose from respondent nos. 1 and 2. The copies of the certificates issued in 1983-1984 and 1995 are also annexed with the petition. Though in the reply filed by respondent-Zilla Parishad it is stated that the confidential reports and the minutes of the Selection Committee shall be produced at the time of final hearing of the petition, no one represents the Zilla ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:38:37 ::: 4 Judg. wp 2108.00.odt Parishad and we are at loss to look into the said aspect of the matter. The petition was filed in the year 2000 when the petitioner was aged about 43 years and working in Class-III post.
4] In view of above, we feel that the case of the petitioner is required to be reconsidered by the respondent nos. 1 and 2 for grant of higher pay scale with effect from 22-02-2000 i.e. the date on which the persons junior to the petitioner in Class-III post were granted the benefit under the scheme. We are at loss to know the basis for adopting the criterion of fitness for grant of higher pay scale. It would, therefore, not be possible to us to direct the respondents to grant benefits to the petitioner under the scheme of stagnated promotion and the matter will have to be left to the decision of the respondent-Zilla Parishad to consider the case of the petitioner in the light of what we have observed in this judgment.
5] In the result, the Writ Petition is partly allowed. The respondents are directed to reconsider the case of the petitioner for grant of benefit of the higher pay scale under the scheme of stagnated promotion in accordance with law. The decision shall ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:38:37 ::: 5 Judg. wp 2108.00.odt be taken within a period of three months from the date of communication of this decision to the respondents. All other questions are left open to be agitated again if such occasion arises. No order as to costs.
JUDGE JUDGE
Deshmukh
::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:38:37 :::