Prakash B. Rupe vs Sub-Divisional Officer And Ors.
2004 Latest Caselaw 832 Bom

JUDGMENT

S.U. Kamdar, J.

1. In the present petition, the petitioner is seeking to challenge an order passed by the Maharashtra Administrative Tribunal dated December 18, 1997. Some of the material facts are as under:

The petitioner was appointed as a Government employee in an emergency situation. In 1977 during the period of strike of the Government employee his services were urgently required for election purpose.

2. On August 27, 1984, a certificate has been issued by Tahsildar certifying that the petitioner has worked as a Polling Officer in election. On August 1, 1985, the petitioner was called for interview or an appointment to the post of Talathi at Sadure, Tal. Vaibhav, Wadi. It is the case of the petitioner that because the petitioner worked as a Government employee during the strike period his educational qualification at the time of his appointment were relaxed.

3. Sometime in or about May 16, 1990, the petitioner received a letter that the petitioner's services were terminated as he has not passed S.S.C. on May 28, 1990 a statement of the petitioner was recorded by respondent No. 1 and on May 30, 1990 by notice the petitioner's service were terminated w.e.f. June 5, 1990. The petitioner filed a writ petition in this Honourable Court being Writ Petition No. 2360 of 1990 which was subsequently transferred to the Maharashtra Administrative Tribunal and was renumbered as Transfer Application No. 39 of 1994. By an order and judgment dated December 18, 1997, the Maharashtra Administrative Tribunal has dismissed the application of the petitioner. By the present petition, the petitioner has challenged order and judgment dated December 18, 1997. At the time of admission of the writ petition, the petitioner has been permitted to continue in service under the interim orders passed by this Court and the petitioner is thus in service as Class III employee.

4. On April 30, 2003, when the present petition came up for hearing before the Division Bench, the learned Division Bench directed the petitioner to file an affidavit. Pursuant to the said order, the petitioner has filed an affidavit in which it has been inter alia stated that because the petitioner has worked during the strike of the Government employees, his educational qualification was waived and was appointed as Talathi on the said post. To this affidavit, though the opportunity has been given, the respondents have filed no reply.

5. We have considered the order passed by the Maharashtra Administrative Tribunal. The said order proceeds on a qualification prescribed for the post of Class III employee and inter alia holds that because the petitioner is not having a CD sufficient qualification of S.S.C. pass, the petitioner cannot be placed in the service. The petitioner has since passed the necessary examination and has acquired the necessary qualification. The petitioner is in service and the fact that the petitioner rendered his service during the strike period of Government employees since the elections were about to be conducted and that he acted as a Polling Officer has not been denied.

6. In the aforesaid circumstances, we are of the view that the petitioner's service has to be regularised in the said Class III employment in which he is working under the interim (sic) orders passed by this Court. There is no affidavit in reply filed to the present petition disputing any of the averments made in the petition.

7. In the aforesaid circumstances, we quash and set aside the impugned order passed by the Maharashtra Administrative Tribunal dated December 13, 1997. We further direct the respondents to regularise the services of the petitioner in the post of Class III employee which he (sic) is holding at present within a period of 8 weeks from today.

8. We dispose of the petition with the aforesaid direction. However, there shall be no order as to costs.

9. Parties to act on a copy of this order duly authenticated by the Court Stenographer.