Bombay High Court
Nagsen Ishwardas Sakhare & 10 ... vs Zilla Parishad,Gondia & 3 Others on 13 June, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4044/2000
1) Nagsen Ishwardas Sakhare
Aged major,
R/o C/o I.S. Sakhare (H.M.)
Rajendra Ward, Maratoli, Gondia.
2) Shriramchandra Diwakar Dahale
Aged major, R/o C/o D.K. Dahale
Kshtriya Marg, Shrinagar Ward,Gondia.
3) Sharad Nakatrao Kambhulkar
Aged about
R/o Khamkhura, Post Itkheda
Isa Tah.Arjuni/Mar Dist.Gondia.
4) Devendra Hokatu Thombare
Aged major,
R/o At Post: Chikhali,
Tah.Tirora, Dist.Gondia.
5) Purushottam Ramaji Mendhe
Aged major, R/o At Post Kikripar/
Tahsil Amgaon, Dist. Gondia.
6) Arun Hiraman Humane
Aged major,R/o At Shiwani Bandh
Post Sasara, Tah. Sakoli, Dist. Bhandara.
7) Mahesh Shivshankar Mannade
Aged major, R/o Vinoba Nagar,
Tumsar Dist.Bhandara.
8) Sevak Baburao Gidhamar
Aged major
R/o At Post Pimpalgaon/Sadak
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Tahsil Lakhani Dist.bhandara.
9) Vijay Hargru Karade
Aged major R/o At Post Walad
Tah.Sakoli Dist. Bhandara.
10) Dudeshwar Tularam Raut
Aged major
R/o At & Post Walad
Tah. Sakoli Dist. Bhandara.
11) Vijay Digambar Thakre
Aged major, Resident of At Po: Ekodi
Kini Tah. Sakoli Dist. Bhandara. ..PETITIONERS.
VERSUS
1) Zilla Parishad, Gondia
Through its Chief Executive officer.
2) The Maleraia Officer
Zilla Parishad, Gondia.
3) Collector, Gondia.
4) State of Maharashtra
General Administration Department
Mantralaya, Mumbai-400 032.
5) Priyanka Shreyas Deshpande
R/o Rajeev Nagar, Nilmani Housing colony
Mumbai Agra Road,
Nasik-422 009.
6) Nitin s/o Punjaram Pawar
R/o Post. Soundane, Tah. Malegaon
Dist. Nashik -423208.
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7) Rajendra Shaligram Ratnakar
R/o 12-A Saikrupa Colonty
Behind Bhambre Hospital
Gondur Road, Vidya Nagri, Dhule 424 005.
8) Dilip s/o Shivaji Nikam
R/o Ganesh Nagar
Belbor Building
At Post Tq. Kalvan
Nasik Dist.
9) The Joint Director
Health Services (Maleria, Faleria and
Water Borne Disease )
Survey No.14/1-A (Arogya Bhavan)
Alandi Road,
In front of Vishrantwadi Police Station
Mental Corner, Yerwada, Pune 411 006.
10) Suresh Mahipal Pardhi
Aged major, occu: service
R/o Post Chini, Tah. Sakoli, Dist. Bhandra.
11) Yogesh Ramchandra Sindaram
Aged about major, resident of post Deori
Near New Bus Stand
Deori, Tah.Deori, Dist. Gondia. ....RESPONDENTS
.
...................................................................................................................
None for the petitioners
Smt. M.P.Munshi, Advocate for the respondent nos.1 and 2
Smt. Geeta Tiwari, Assistant Government Pleader for respondent
nos.3 and 4
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 13 th
June, 2017
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The petitioners claim that they were appointed on the post
of Laboratory Technician under the Zilla Parishad, on ad-hoc basis,
during the years 1996 to 1999. Lastly, the orders of appointment on ad-
hoc basis were issued to them on 30.11.2000. The petitioners had also
undergone training for certain period. The claim of the petitioners in
this petition is to direct the State Government to implement the
Government Resolution dated 14.10.1997 and direct the respondent
no.3-Collector, Gondia to notify the vacancies available in the District
and to undertake the process of selection for the post of Laboratory
Technician. The petitioners also challenge the advertisement dated
05.10.2008 issued by the respondents initiating the process of
recruitment and consequentially the challenge is also to the appointment
of the respondent nos. 9 and 10 as Laboratory Technician, under the
Zilla Parishad.
2. This petition was admitted on 18.07.2001. However there
was no interim order passed. The petitioners were out of employment
after the tenure of their service as per the last order dated 30.11.2000
expired. By filing Civil Application No.424/2010 the petitioners tried to
stall the appointments on the post of Laboratory Technician. Though
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initially this Court passed an ad-interim order on 11th February, 2010
directing the examinations to be held but no appointments to be made
until further orders of this Court, on 18th February, 2010 the said
interim order was vacated and the respondents were permitted to go
ahead with the appointments on the posts which were made subject to
the result of this petition. Accordingly, it appears that the respondents
were appointed on the post of Laboratory Technician.
3. None appears for the petitioners. With the assistance of the
learned counsel appearing for the parties, we have gone through the
documents placed on record and the averments made in the petition.
Merely because the petitioners have rendered services on ad-hoc basis
that does not confer any right of appointment upon the petitioners to the
post of Laboratory Technician. By the Government Resolution dated 14th
October 1997, Block C posts in the Naxalite areas were excluded from
the purview of the Regional Subordinate Services Selection Board and
the Committee constituted under the Chairmanship of the Collector was
authorised to make recruitment as per the Government Resolution dated
19.09.1999. Accordingly, the recruitment has taken place and the regular
appointments to the posts have been made.
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4. We do not find any challenge to the selection and
appointments of the respondents on the said posts. It was open for the
petitioners to have appeared for selection if they were otherwise
qualified and eligible. We do not find any substance in this petition. The
same is therefore dismissed as such.
JUDGE JUDGE
sahare
