Bombay High Court
Shaikh Ali Ahmed Shaikh Ahmed vs The State Of Maharashtra And ... on 22 September, 2015
Bench: S.S. Shinde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10452 OF 2014
Shaikh Ali Ahmed s/o. Shaikh Ahmed
Deceased through L.Rs.
1] Smt. Nazmunnisa Begum w/o. Shaikh Ali Ahmed,
Age: 51 Years, Occu. Household
2] Shaikh Khadir Ahmed s/o. Shaikh Ali Ahmed,
Age: 33 Years, Occu.: Unemployed,
3] Shaikh Atikh Ahmed s/o. Shaikh Ali Ahmed,
Age: 30 Years, Occu. Unemployed,
4] Rajiya Begum Samad Khan,
Age : 36 Years, Occu.: Household,
All R/o. Galli No.8, Pir Burhan Nagar,
Nanded, Tq. and District Nanded
[Amendment carried out as per
Court's Order dtd.13.07.2015 passed
in CA No.7225/2015 in WP No.10452
of 2014] PETITIONERS
VERSUS
1] The State of Maharashtra,
Through the Principal Secretary,
Irrigation Department, Mantralaya,
Mumbai-32.
[Copy to be served upon the Government
Pleader High Court Bench at
Aurangabad].
2] The Secretary,
Irrigation Department,
Manralaya, Mumbai-32.
::: Uploaded on - 22/09/2015 ::: Downloaded on - 23/09/2015 23:56:30 :::
10452.2014 WP.odt
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3] The Superintending Engineer,
Upper Pen Ganga Project Circle,
Nanded, Tq. and District Nanded
4] The Executive Engineer,
Upper Pen Ganga Project Division No.7,
Nanded, Tq.and District Nanded
5] The Executive Engineer,
Upper Pen Ganga Project Division No.8,
Nanded, Tq.and District Nanded RESPONDENTS
[Orig. Respondent]
...
Mr. A.S.Shelke, Advocate for the Petitioner
Mr. S.K.Kadam, AGP for the Respondent Nos.1 & 2
Mr. S.C.Arora, Advocate for the Respondent Nos.3 to 5
...
CORAM: S.S.SHINDE &
P.R.BORA, JJ.
Reserved on : 15.09.2015
Pronounced on: 22.09.2015
JUDGMENT: [Per S.S.Shinde, J.]:
1] This Petition takes an exception to the
Judgment and Order dated 30.08.2013 passed by the
Maharashtra Administrative Tribunal, Bench at Aurangabad
in Original Application No.376/2008.
2] It is the case of the petitioner that, he was
appointed as Electrician on daily wages since August, 1985.
However, the respondent Department designated the
petitioner as Pump Operator, and paid daily wages
admissible to the post of Pump Operator. On raising the
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grievance for non-payment of daily wages of the post of
Electrician, the Superintending Engineer, by letter dated
20.11.1991, approved the proposal for grant of daily wages
of the post of Electrician to the petitioner. Accordingly, the
respondent No.5 sanctioned the same with effect from 1st
June, 1991. The respondent authorities, subsequently,
stopped daily wages of the post of Electrician. Therefore,
the
Administrative
petitioner approached
Tribunal at
to
Mumbai
the
by
Maharashtra
filing Original
Application No.1251/1992, seeking directions to grant daily
wages of Rs.63/- per day to the petitioner, and also
direction to send the proposal as regards correction about
the date of appointment and date of promotion i.e. sanction
of grade of Electrician to the petitioner.
3] It is further case of the petitioner that, during
pendency of the Original Application, the respondent
authorities forwarded the proposal of the petitioner to bring
him on Converted Regular Temporary [CRT] Establishment,
after completion of 5 years of continuous service. It is the
case of the petitioner that, the respondent No.3 sent the
proposal dated 20th January, 1996 to the State Government
for bringing the petitioner on CRT on the post of Electrician.
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The petitioner fulfills the criteria for being regularized as
Electrician, as he possessed necessary, requisite expertise
and Vocational Certificate issued by the recognized
University. The petitioner approached to the MAT by filing
Original Application No.1251/1992, pending the proposal for
making him on CRT with State Government. It is further
case of the petitioner that, on assurance from the
respondent authorities, the petitioner withdrew Original
Application No.1251/1992 on 16th October, 1998. Upon
withdrawal of the Original Application, the Sub-Divisional
Officer of Upper Pen Ganga, Project Division No.45,
Mudkhed served order of CRT to the petitioner on 1st July,
1999. The petitioner accepted the order under protest
reserving his right on the post of electrician. It is further
case of the petitioner that, the Government of Maharashtra
issued Government Resolution dated 24th April, 2001 for
bringing the employees working on daily wages on CRT
Establishment, and on 28th May, 2001 thereby giving
relaxation of conditions of age limit and educational
qualification in respect of 6 employees working on the
respondent No.3 Division. According to the petitioner, one
Shri Deoram G. Machapure, who was junior to the petitioner
as Pump Operator, was regularized as Pump Operator on
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CRT Establishment. According to the petitioner, said Shri
Deoram Machapure, whose designation was changed from
the post of Pump Operator to Electrician, and who holds the
same Technical Qualification, was appointed as Electrician.
Though, the petitioner made various representations till the
Year 2006, the respondent State did not take any steps for
redressal of his grievances, and therefore, he filed Original
Application No.376/2008 along with the application for
condonation of delay in filing Original Application. The
Tribunal, on 30th August, 2013, by the impugned Judgment
rejected the said Application. Hence this Writ Petition.
5] The learned counsel appearing for the
petitioner submits that, the petitioner has completed more
than 5 years service as Pump Operator, and keeping in view
his experience and work as Electrician, the proposal sent by
the respondent No.3 to the State Government, he should
have been appointed on the post of Electrician. It is
submitted that, the petitioner fulfills requisite qualification
inasmuch as the petitioner has Vocational Certificate in the
Trade of Electric Wireman's Course. The petitioner has also
completed Electric Motor Rewinder's Course from the
Recognized University. It is submitted that, the Irrigation
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Department does not have its own recruitment Rules of the
post of Electrician. It is also not brought on record that, the
Irrigation Department has borrowed the same recruitment
Rules from the Public Works Department in so far as post of
Electrician is concerned. It is submitted that, the benefit is
granted to Shri Deorao Machapure, who is junior to the
petitioner and denied to the petitioner, which amounts to
discrimination.
ig Therefore, the learned counsel appearing
for the petitioner, relying upon the pleadings in the Petition,
grounds taken therein, submits that, the Petition may be
allowed.
6] On the other hand, the learned counsel
appearing for the respective respondents invited our
attention to the reasons assigned by the Maharashtra
Administrative Tribunal and submits that, the petitioner is
not qualified, and therefore, his claim is turned down by the
respondents.
7] We have given careful consideration to the
submissions of the learned counsel appearing for the
petitioner, and the learned counsel appearing for the
respective respondents. With their able assistance, we
have perused the pleadings taken in the Petition, annexure
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thereto and the reasons assigned by the Maharashtra
Administrative Tribunal in the impugned Judgment. The
Petition is non suited on the ground of inordinate delay in
filing Original Application. Secondly, there was similar
challenge by the petitioner before the Maharashtra
Administrative Tribunal in the Year 1992, and thirdly, the
petitioner does not possess the requisite qualification
necessary for the post of Electrician. The learned counsel
appearing for the respondent Nos.1 and 2 has tendered
across the bar copy of the passing Certificate of the
Secondary School Certificate Examination held in October,
74, by Shri Machapure Deorao Gangaram. The said
certificate unequivocally shows that, he has passed the
Secondary School Certificate Examination held in October,
1974.
8] It is not demonstrated by the petitioner before
this Court that, the post Pump Operator on which the
petitioner was working, is feeder cadre for the promotion on
the post of Electrician. Even if for a moment it is assumed
that, the petitioner did file two Original Applications within
time, and those were maintainable, nevertheless,
admittedly the petitioner was not possessing requisite
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qualification. The Maharashtra Administrative Tribunal in
para 14 of the impugned Judgment, observed that, as per
Government Resolution dated 30th September, 1959,
required qualifications for the post of Electrician i.e.
ohtra=h , are that he must possess certificate of Wireman's
awarded by the Licensing Board of the Public Works
Department of the Government of Bombay, or equivalent
recognized qualifications and have worked for 5 years as
Wireman in the reputed Firm carrying out electrician wiring
work. Admittedly, the petitioner is not possessing these
two qualifications.
9] Therefore, upon careful consideration of the
material placed on record, and the reasons assigned by the
Maharashtra Administrative Tribunal, the view taken by the
Maharashtra Administrative Tribunal appears to be in
consonance with the documents placed on record. The Writ
Petition sans merit, and hence rejected.
Sd/- Sd/-
[P.R.BORA] [S.S.SHINDE]
JUDGE JUDGE
DDC
