Ashok Bhika Hirole vs The State Of Maharashtra And ...
2016 Latest Caselaw 4308 Bom

                                                                   11799.15WP
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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                               
                                                   
                           BENCH AT AURANGABAD

                           WRIT PETITION NO. 11799 OF 2015 




                                              
              Ashok S/o Bhika Hirole 
              Age : 46 years, Occ : Service, 
              R/o Kurha, Tq. Muktainagar, 
              Dist. Jalgaon. 




                                     
                                                PETITIONER
                      VERSUS 
              1.       The State of Maharashtra,  
                       Through the Secretary of 
                            
                       Village Development and Water 
                       Conservation Department, 
                       Mantralaya, Mumbai-32. 

              2.       The Commissioner, 
      


                       Nashik Division, Nashik. 
   



              3.       The District Collector, Jalgaon. 

              4.       Through its Chief Executive Officer, 
                       Zilla Parishad, Jalgaon. 





              5.       The District Health Officer, 
                       Zilla Parishad, Jalgaon. 

                                                 RESPONDENTS





                                      ...
              Mr.H.P.   Kshirsagar,   Advocate   for   the 
              petitioner. 
              Mrs. M.A. Deshpande, AGP for Respondent Nos. 
              1 to 3. 
              Ms.   C.R.   Chaudhary   (Kutti),   Advocate   for 
              Respondent No.4. 

                                         ...




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                                                                         11799.15WP
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                                        CORAM : S.S. SHINDE & 




                                                    
                                                SANGITRAO S. PATIL, JJ.

RESERVED ON : 15TH JULY, 2016 PRONOUNCED ON : 1st August, 2016

ORAL JUDGMENT: (PER S.S.SHINDE, J)

Heard.

2.

Rule. Rule made returnable forthwith.

With the consent of the parties, the Petition

is taken up for final disposal at the

admission stage.

3. Petitioner is serving as clerk in Village

Panchayat, Kurha, Tq. Muktainagar, Dist.

Jalgaon since 1987. Respondent no.4/Zilla

Parishad prepares seniority list of

employees, who are serving in Gram Panchayat

every year. Seniority list is prepared with a

view to absorb 10% of employees from Village

Panchayat in the services of Zilla Parishad

on suitable post from Class III and Class IV

11799.15WP

categories. It is the contention of the

petitioner that by-passing his claim in the

seniority list, employees juniors to him in

the seniority list have been taken in

employment in Zilla Parishad. Age limit

prescribed for absorbing candidates in Zilla

Parishad service is stated to be 45 years.

However, it has been pointed out by the

petitioner that the employees who have

crossed 45 years of age have also been

absorbed in Zilla Parishad thereby relaxing

criteria of upper age limit. The petitioner,

therefore, requests for direction to Zilla

Parisahd to consider his claim for

appointment on Class III post in Zilla

Parishad by relaxing criteria of age.

4. We have perused the seniority list

produced on record. On perusal of the list,

it transpires that the name of the petitioner

is at Sr. No.149. The candidates at Sr.

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No.166, 172, 359 and 448 by names Vasant

Pandit Bari, Shivaji Atmaram Wagh, Kisan

Sukhdev Kadam and Sunil Ramrao Pawar

respectively have been accommodated in Zilla

Parishad superseding the claim of the

petitioner.

5.

The learned counsel appearing for

Respondent No.4 has not filed affidavit in

reply inspite of time granted on 07.07.2016

by way of last opportunity and has once again

prayed for grant of time for filing reply.

The said prayer is rejected. Thus, the

pleadings/grounds taken in this Petition

remained uncontroverted on behalf of

respondent no.4.

6. On going through the seniority list as

well as orders of appointment issued in

favour of various candidates from the

aforesaid category, we are convinced that the

11799.15WP

claim of petitioner has been wrongly denied.

The petitioner has been discriminated in the

matter of promotion by Zilla Parishad without

there being any justifiable reason.

Considering the facts and circumstances of

the matter, we do not find any impediment in

issuing the directions as prayed for by the

petitioner.

7. We, therefore, allow the petition and

direct respondent no.4 to issue order of

absorption of the petitioner in class III

cadre in Zilla Parishad, by granting

relaxation of age, as expeditiously as

possible, and preferably within three months

from today. The Respondent/ Zilla Parishad is

also directed to settle the claim of

petitioner in respect of his appropriate

placement in the seniority list and shall

also extend all the benefits admissible to

him pursuant to his placement in the

11799.15WP

seniority list. Respondent/Zilla Parishad

shall comply with the directions within the

time stipulated above.

8. Rule is accordingly made absolute. In the

facts and circumstances of the case, there

shall be no order as to costs.

                       Sd/-                             Sd/- 
              (SANGITRAO S. PATIL, J.)          (S.S. SHINDE, J.)

              SGA