Bombay High Court
Ambhore Vinod Dutta vs The State Of Mahrashtra And Others on 3 March, 2017
Bench: T.V. Nalawade
W.P.No.1625/16
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 1625 OF 2016
1. Ambhore Vinod Dutta,
Age 29 years, Occu. Nil,
R/o. Hiwarpen, Tq. Risod,
District - Washim. ....Petitioner.
Versus
1. The State of Maharashtra
Through The Secretary
Rural Welfare and Panchayat
Raj Department, Mantralaya,
Mumbai.
2. The Collector/President,
District Selection Committee,
Beed, Tq. Beed, District Beed.
3. Chief Executive Officer,
Zilla Parishad, Beed,
Tq. Beed, District Beed.
4. Deputy Director,
Health Services (Malaria, Filaria,
WAterborn) Pune. ....Respondents.
Mr. Sayyed Tauseef Yaseen, Advocate for petitioner.
Mr. A.R. Kale, A.G.P. for respondent Nos. 1,2 & 4.
Mr. P.D. Suryawanshi, Advocate for respondent No. 3.
CORAM : T.V. NALAWADE AND
SANGITRAO S. PATIL, JJ.
DATED : March 3, 2017.
ORAL JUDGMENT :
Rule. Rule made returnable forthwith. By
W.P.No.1625/16
consent, heard both the sides for final disposal.
2) The petition is filed for giving direction
to respondent No. 3 - Chief Executive Officer, Zilla
Parishad, Beed for giving the appointment to the
petitioner on the post of Health Worker, Zilla
Parishad, Beed in pursuance of advertisement dated
22.8.2014.
3) This Court has carefully gone through he
advertisement and the advertisement shows that it was
necessary for the petitioner/applicant to show that
he has the experience of 90 days in respect of the
work mentioned in the advertisement and the
experience was obtained as temporary employee. The
nature of work mentioned in the advertisement about
experience is necessary as such work was available
with Zilla Parishad. The petitioner produced the
certificate issued by Zilla Parishad, Washim to show
that he has experience of 90 days of such work and he
was appointed on temporary basis in that Zilla
Parishad. The petitioner had applied from reserved
W.P.No.1625/16
category, Scheduled Caste (S.C.) and he could have
been appointed as he got cleared through the process.
When the verification of the experience was
attempted, it was informed to respondent - Zilla
Parishad, Beed by Zilla Parishad, Washim that he was
on their list of temporary employees and he had
worked for different periods. The periods were given
in the correspondence.
4) Now, it is the contention of respondent No.
3 that the appointment of the petitioner as temporary
employee in Zilla Parishad, Washim was itself
illegal. It can be said that respondent No. 3 is not
entitled to raise such contention as the petitioner
was appointed by issuing appointment order and he was
expected to work as temporary worker, on daily wages.
In view of nature of advertisement, if it is possible
for the petitioner to show that he had necessary
experience on the date of advertisement, it is
necessary for the respondent No. 3 to give him
appointment, if there is no other hurdle in giving
him appointment.
W.P.No.1625/16
5) It appears that this Court, other Bench, in
the past had directed on 15.4.2017 to add Deputy
Director of Health Services, Pune as party respondent
and the Deputy Director was expected to file reply.
In view of the aforesaid nature of dispute, this
Court holds that it is not necessary to hear Deputy
Director, Health Services, Pune. The petitioner is
expected to show that he has necessary experience as
per the advertisement and he has fulfilled this
condition. In view of aforesaid circumstances, this
Court holds that respondent No. 3 - Chief Executive
Officer, Zilla Parishad, Beed needs to be directed to
give appointment to the petitioner on the post of
Health Worker, if there is no other hurdle in giving
him appointment.
6) In the result, the petition is allowed. The
respondents are hereby directed to give appointment
to the petitioner on the post of Health Worker in
accordance with the advertisement which was published
on 22.8.2014, if there is no other hurdle in giving
W.P.No.1625/16
him appointment.
Rule is made absolute in those terms.
[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.]
ssc/
