Bombay High Court
Krushana Dattarao Kamble vs The State Of Maharashtra And ... on 2 May, 2016
Bench: R.V. Ghuge
WP/7440/2014
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7440 OF 2014
Krushana Dattarao Kamble
Age 25 years, Occ. Service
R/o Siddhartha Nagar,
Basmat, Dist. Hingoli. ..Petitioner
Versus
1. The State of Maharashtra
Through Secretary,
General Administration Deptt.
Mantralaya, Mumbai.
2. The Chief Executive Officer,
Zilla Parishad, Hingoli.
3. Dy. Chief Executive Officer,
Zilla Parishad, Hingoli.
4. Block Development Officer,
Panchayat Samiti, Hingoli.
5. Integrated Child Development
Project Officer, Hingoli. ..Respondents
...
Advocate for Petitioner : Shri Dhoble V.L.
AGP for Respondent 1 : Shri Basarkar A.P.
Advocate for Respondents 2 to 5 : Shri Bagul S.R.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: May 02, 2016
...
ORAL JUDGMENT :-
1. Heard learned Advocates for the respective parties.
2. Rule.
WP/7440/2014
3. By consent, Rule is made returnable forthwith and the petition is
taken up for final disposal.
4. The petitioner is aggrieved by the order dated 13.8.2012, passed by
respondent No.2 and the order dated 3.3.2014 passed by respondent No.1,
by which, the petitioner has been reverted from Class III category to Class
IV category.
5.
The petitioner submits that he had passed his Marathi Typewriting
examination on 13.3.2009 at the speed of 30 words per minute and the
English Typewriting Examination on 17.8.2007 at the speed of 30 words per
minute. He was appointed on compassionate basis by order dated 8.12.2009
and was made aware vide condition No.10 that he will have to pass the
typewriting examination in Marathi and English within two years from the
date of appointment, failing which, his appointment would be cancelled.
6. It is, therefore, submitted that considering that he had passed both
the examinations, he was appointed in service. Nevertheless, he improved
his English typewriting by passing the examination at the speed of 40 words
per minute on 10.8.2013.
7. Shri Dhoble, learned Advocate for the petitioner submits that before
respondent No.1 passed the impugned order, he had succeeded in passing
the English typewriting examination at 40 words per minutes,
notwithstanding the fact that no such condition was imposed upon him at
WP/7440/2014
the time of his appointment.
8. He submits that both the lower authorities relied upon the
Government Resolution dated 15.4.1991, which mandates vide Clause 2 that
those candidates working in the Class IV category, who are eligible for
promotion to the Class III category, should have passed their Marathi and
English Typewriting Examinations at the speed of 30 words per minutes and
40 words per minutes respectively. If such examinations are not passed,
they would be reverted back to the post in the Class IV category.
9. Shri Dhoble submits that this condition is applicable to to candidate
seeking promotion. He has been appointed on compassionate ground in the
Class III category itself and neither was this Government Resolution made
applicable to him, nor was he made aware by imposing any condition in the
appointment order. Copy of the said Government Resolution is taken on
record and marked Exhibit "X" for identification.
10. Learned Advocate for respondents 2 to 5 has strenuously defended
the impugned orders along with the learned AGP. Both of them submit that
when the Government Resolution dated 15.4.1991 imposes certain
conditions for entering the Class III category, such conditions are ipso facto
applicable to the petitioner because he has also entered service in the Class
III category.
11. Learned Advocates, however, are unable to point out any
WP/7440/2014
communication issued to the petitioner prior to his appointment or any
condition imposed through the appointment order to indicate either that
the Government Resolution dated 15.4.1991 is applicable to him or that he
has to pass his English Typewriting Examination at the speed of 40 words per
minute. Both the learned Advocates are unable to confirm that this
condition of 40 words per minute for English Typewriting was formally made
applicable / imposed upon the petitioner.
12.
I have considered the submissions of the learned Advocates.
13. It is not disputed that the petitioner has passed both the typewriting
examinations at the speed of 30 words per minute on 17.8.2007 and
13.3.2009. Apparently, he has passed his examinations before issuance of
his appointment order dated 8.12.2009. Neither does the appointment
order mention that the Government Resolution dated 15.4.1991 would apply
to the petitioner nor does the appointment order states that he shall have
to pass his English Typewriting examination at the speed of 40 words per
minute. In addition to these factors, the petitioner has improved his
English typewriting by passing a further examination at the speed of 40
words per minutes on 10.8.2013.
14. In the light of the above, I do not find that any condition was
imposed upon the petitioner that he will have to pass his English
typewriting examination at the speed of 40 words per minutes within two
years from the date of his appointment. Moreover, his very entry in the
WP/7440/2014
service was in the Class III category on the compassionate ground and he has
been now placed in the Class IV category.
15. Considering the above I find that the impugned judgments are
unsustainable. Same are, therefore, quashed and set aside. The petitioner
shall be placed in the Class III category on the post on which he had been
appointed by order dated 8.12.2009 and shall, therefore, be entitled to all
consequential benefits from the date of the impugned order of reversion
dated 13.8.2012 which stands set aside.
16. The Writ Petition is, therefore, allowed and Rule is made absolute in
the above terms.
( RAVINDRA V. GHUGE, J. )
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akl/d
