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Bombay High Court
Digambar S/O Datta Sontakke vs The State Of Maharashtra,Thr. Deputy ... on 30 March, 2026
Author: M. S. Jawalkar
Bench: M. S. Jawalkar
2026:BHC-NAG:5031-DB
Judgment 1 J-WP No.8262.2023+1.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 8262 OF 2023
WITH
WRIT PETITION NO. 7759 OF 2022
-----
WRIT PETITION NO. 8262 OF 2023
Digambar Datta Sontakke,
Aged @ 42 yrs, Occ - Service,
R/o. Post Kajlamba,
Tq. and Dist. - Washim. .... PETITIONER
// VERSUS //
1) The State of Maharashtra
Through its Secretary for Rural
Development Department,
Mantralaya, Mumbai.
2) The Zilla Parishad Washim,
Through its Chief Executive Officer,
Washim, Dist. Washim.
3) Shri. Gajanan Pundlik Karche,
Age @ Adult, Occ. - Service,
R/o. Panchayat Sammittee, Risod,
Tq. Risod, Dist. Washim. .... RESPONDENTS
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Mr. S. M. Vaishnav, Advocate for Petitioner.
Mr. N. R. Patil, Assistant Government Pleader for
Respondent No.1.
Mr. A. S. Deshpande, Advocate for Respondent No.2.
Mr. K. V. Kothale, Advocate for Respondent No.3.
--------------------------------------------------------------------------
WITH
Judgment 2 J-WP No.8262.2023+1.odt
WRIT PETITION NO. 7759 OF 2022
Digambar S/o Datta Sontakke,
Aged about 41 years, Occ. Service,
R/o. At Post Kajalamba,
Tah. and District - Washim. .... PETITIONER
// VERSUS //
1) The State of Maharashtra,
through its Deputy Secretary,
Department of Establishment and
Rural Development, Mantralaya,
Mumbai - 32.
2) The Divisional Commissioner,
Amravati Division, Amravati.
3) Zilla Parishad, Washim,
through Chief Executive Officer,
Distt. Washim.
4) Gram Panchayat Kajalamba,
Tah. and District Washim,
through its Secretary. .... RESPONDENTS
--------------------------------------------------------------------------
Mr. C. B. Dharmadhikari, Advocate for Petitioner.
Mr. N. R. Patil, Assistant Government Pleader for
Respondent Nos.1 and 2.
Mr. A. S. Deshpande, Advocate for the Respondent
Nos.3 and 4.
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CORAM : MRS. M. S. JAWALKAR AND
NANDESH S. DESHPANDE, JJ.
DATE ON RESERVING THE JUDGMENT : 18.02.2026
DATE ON PRONOUNCING THE JUDGMENT : 30.03.2026
COMMON JUDGMENT :
(Per - M. S. JAWALKAR, J.)
Judgment 3 J-WP No.8262.2023+1.odt
1. Heard. Rule. Rule is made returnable forthwith.
Matters are taken up for final hearing at the stage of admission
by consent and request of the parties.
2. As both the petitions, Writ Petition No. 7759 of 2022
and Writ Petition No. 8262 of 2023, arise out of the same claim
of the petitioner for appointment to the post of Civil Engineering
Assistant under the 10% quota reserved for Gram Panchayat
employees under the Maharashtra Zilla Parishads District
Service (Recruitment) Rules 1967 and involve closely related
facts and issues, they are heard and decided together by this
common judgment. Since the Writ Petition No. 8262 of 2023
challenges the appointment order dated 20/11/2023, the same
is treated as the lead petition and the facts are referred to
therefrom.
3. The petitioner challenges the appointment order
dated 20/11/2023 issued for the post of Civil Engineering
Assistant in favour of respondent No.3 Gajanan Pundlik Karche,
whereby the petitioner's legitimate claim for appointment to the
said post has been denied.
Judgment 4 J-WP No.8262.2023+1.odt
4. Perusal of the record indicates that earlier the
petitioner had approached this Court by filing a Writ Petition
No. 2074 of 2020 seeking a direction to decide his
representations claiming appointment to the said post under the
10% quota reserved for Gram Panchayat employees. By order
dated 22/03/2021 this Court directed the respondents to decide
the petitioner's representation within a stipulated period.
5. Pursuant to the said direction, the respondents
rejected the petitioner's claim by a communication dated
09/09/2021. Being aggrieved thereby, the petitioner filed a Writ
Petition No. 7759 of 2022, which is pending before this Court
and notice came to be issued on 14/12/2022. During the
pendency of the said petition, the respondents issued an
appointment order dated 20/11/2023 in favour of another
candidate for the post of 'Civil Engineering Assistant', which has
been challenged in Writ Petition No. 8262 of 2023. Both
petitions thus arise out of the same claim of the petitioner and
form part of a continuous chain of events relating to the same
recruitment and grievance.
Judgment 5 J-WP No.8262.2023+1.odt
6. The facts giving rise to the present petitions are as
follows-
7. The petitioner submits that he was appointed as a
Peon in Gram Panchayat Kajalamba, Tq. and Dist. Washim
pursuant to a resolution dated 29/03/2001 and has been in
continuous service since then. The petitioner possesses the
qualifications of H.S.C., B.A., and Diploma in Construction
Supervisor, which he completed in April 2016, which is also the
requisite qualification for appointment to the post of Civil
Engineering Assistant.
8. By amendment dated 19/08/2005 to the
Maharashtra Zilla Parishads District Service (Recruitment) Rules
1967, Rules 10-A and 10-B were introduced providing a 10%
quota for Village Panchayat employees having 10 years of
service to secure appointment in Zilla Parishad posts. The
petitioner fulfilled the said eligibility and accordingly submitted
a representation dated 22/06/2016 requesting that his
qualification be considered.
9. The petitioner submits that he was called for
verification of documents on 11/07/2016 pursuant to a
Judgment 6 J-WP No.8262.2023+1.odt
communication dated 07/07/2016, thereby acknowledging his
eligibility. However, despite this, the respondents appointed
other candidates and failed to consider the petitioner's claim,
compelling him to submit several representations between 2017
and 2020 seeking consideration of his candidature.
10. It is further submitted that as his representation
remained undecided, the petitioner approached this Court by
filing a Writ Petition No. 2074 of 2020, wherein by order dated
22/03/2021, this Court directed the respondents to decide the
petitioner's representation within a stipulated period. However,
the respondents rejected the petitioner's claim by a
communication dated 09/09/2021, stating that the petitioner
would be considered in the recruitment process initiated in
2019, if found eligible.
11. The petitioner thereafter challenged the said
rejection by filing a Writ Petition No. 7759 of 2022, which is
pending before this Court and a notice came to be issued by
order dated 14/12/2022. During the recruitment process of
2019, the internal records of the Zilla Parishad indicated that
three posts of Civil Engineering Assistant were available under
Judgment 7 J-WP No.8262.2023+1.odt
the 10% quota and the petitioner was shown as one of the
eligible candidates, however the said recruitment process was
subsequently cancelled by a communication dated 14/06/2022.
12. It is contended that during the recruitment process of
2023, although several posts were initially reserved under the
said quota, the respondents filled only one post and issued the
impugned appointment order dated 20/11/2023 in favour of
another candidate, who had allegedly acquired the requisite
qualification only in 2022, whereas the petitioner possessed the
same since 2016, thereby arbitrarily denying the petitioner's
legitimate claim for appointment.
13. As against this, contentions of Respondent No. 2 is
that the petitioner had earlier filed a Writ Petition No.2074 of
2020, seeking directions to decide his representations dated
22/07/2020 and 22/02/2021, which was disposed of by order
dated 22/03/2021, and thereafter the petitioner also filed a
Contempt Petition No.197/2021, which was disposed of on
05/10/2021. In compliance with the said directions, the
petitioner's representation was decided by order dated
09/09/2021. It is further submitted that the recruitment process
Judgment 8 J-WP No.8262.2023+1.odt
initiated in March 2019 was subsequently cancelled by the State
Government by the communication dated 14/06/2022, and
thereafter fresh recruitment was undertaken in 2023, in
accordance with the instructions issued by the Rural
Development Department.
14. It is further submitted that as per the Government
Communications dated 02/06/2023 and 21/09/2023,
recruitment from Gram Panchayat employees under the 10%
quota was required to be carried out from the posts advertised
in 2023, which included the vacancies of the cancelled 2019
recruitment. Accordingly, out of 325 posts advertised in 2023,
29 posts were reserved for Gram Panchayat employees, and the
posts were filled cadre-wise as per seniority and educational
qualification. In the cadre of Civil Engineering Assistant, one
post reserved for OBC category was available and the same was
filled as per seniority, while the petitioner, being placed at
Sr. No. 98 in the seniority list, was not within the ambit for
consideration pursuant to the said post. It is therefore submitted
that the appointment was made strictly in accordance with the
Government instructions and applicable rules.
Judgment 9 J-WP No.8262.2023+1.odt
15. The learned Counsel for respondent No. 3 submitted
that the petitioner has challenged the promotion order dated
20/11/2023 issued in favour of respondent No. 3 for the post of
Civil Engineering Assistant and has sought directions to consider
his own claim for appointment. It is contended that the petition
is devoid of merit and no interference is warranted.
16. It is further submitted that the promotion was
granted strictly in accordance with the provisions of the
Maharashtra Zilla Parishads District Service (Recruitment) Rules
1967 and the Government Resolution dated 19/08/2005. As per
the seniority lists dated 22/01/2022 and 25/10/2023,
Respondent No. 3 stands at Sr. No. 38, whereas the petitioner is
placed at Sr. No. 98, and therefore respondent No. 3 is senior to
the petitioner.
17. The promotion in the recruitment process of 2023
was made on the basis of the seniority list dated 01/01/2023
and the educational qualification as on December 2022, under
which Respondent No. 3 was found eligible. It is therefore
submitted that the petitioner cannot claim promotion on the
Judgment 10 J-WP No.8262.2023+1.odt
basis of the recruitment process of 2019, and the petition
deserves to be dismissed.
18. Heard the submissions advanced by the respective
learned counsels appearing for the parties and perused the
material available on record.
19. On perusal of additional affidavit filed by the
Respondent No.2 in pursuance to the order dated 18/12/2025,
passed by this Court, it reveals that the Secretary of the Rural
Development Department by a Communication dated
14/06/2022, issued the instructions regarding recruitment given
under the Government decision of the General Administration
Department in reference No.4. The Rural Development
Department in its Government decision dated 10/01/2022 has
directed that the recruitment process should be implemented
only for the five Cadre related to the Health Department in Zilla
Parishad. In Mega Recruitment advertisement of March 2019
also it has been clearly instructed that the recruitment of all the
cadres should be done only after finalizing the draft and getting
the approval of the Government. Accordingly, all the Zilla
Parishads' have been discouraging from recruiting employees by
Judgment 11 J-WP No.8262.2023+1.odt
misinterpreting the above letters as per their convenience, vide
letter dated 03/06/2022, reference No.6. However, It has been
observed under our order on reference A-7, that the process of
recruitment of the said post is underway by the Zilla Parishad.
By a communication dated 02.06.2023, issued by the Deputy
Secretary, State of Maharashtra, Rural Development
Department, states as under :
"For the Gram panchayat employees in the Zilla
Parishad which have not yet recruited 10 percent of
the Gram panchayat employees in the year 2019, as
per the government decision dated 18/3/2023 as per
point no.3, while recruiting 10 percent of the posts
from the Gram panchayat employees in the Zilla
Parishad service, all the gram panchayat employees
who were eligible as per the advertisement of March
2019, (i.е. whose age was not more than 45 years as
on January 2019) and now these candidates are
becoming ineligible as they crossed the maximum
age limit will be eligible for the recruitment process
to be held from the date of this government decision
till 31st December 2023.
However, the advertisement for the direct
recruitment to be held in the year 2023 includes the
vacant posts from the advertisement cancelled in
March 2019 as per the government notification
21/10/2022, therefore, while recruiting the said 10
percent Gram panchayat employees, the remaining
posts should be made from the 10 percent posts
reserved for the gram panchayat employees in
accordance with the posts in the year 2023
excluding the 10 percent posts vacancies (Number of
posts) filled in accordance with the advertisement of
Judgment 12 J-WP No.8262.2023+1.odt
the year 2019, from the 10 percent posts reserved
for gram panchayat employees in accordance with
the category-3 (Group-C) posts (Gram Sevak,
Extension Officer, Junior Engineer Livestock
supervisor, Senior Assistant, Junior Assistant and
others)."
20. The Deputy Secretary, Zilla Parishad Establishment,
issued common instructions to all the Zilla Parishad regarding
filling up of posts from Gram Panchayat employees vide a
communication dated 21/09/2023, wherein specific instruction
was that the advertisement for the year 2023 includes the vacant
post from the cancelled recruitment advertisement of March-
2019, therefore, while filling the said posts, the remaining posts
should be filled from 10% quota of posts reserved for gram
panchayat employees in accordance with posts in the
advertisement for the year 2023, excluding the 10% quota posts
filled in accordance with the advertisement for the year 2019
and the remaining posts should be filled in from 10% gram
panchayat employees according to the cadre-wise seniority and
educational qualification. As there were total posts to be filled in
were 325 as per advertisement of 2023. Out of the said posts, 29
posts were kept reserved for gram panchayat employees. It is
also made clear that 10% quota for gram panchayat from 2019
Judgment 13 J-WP No.8262.2023+1.odt
advertisement are included in total 325 advertised in 2023.
Thus, the Zilla Parishad, as per the instruction, filled in 10%
gram panchayat posts from total number of posts advertised
cadre-wise and as per seniority. It also appears that on
20/01/2026, 06 posts are available from Assistant Civil Engineer
reserved for different casts and 01 post was available for Other
Backward Class and same was filled in as per the seniority. It is
pointed out that the petitioner in seniority list is at Sr.No.98,
whereas the Gajanan Karche is at Sr. No.38. Gajanan Karche is
having requisite qualification to get appointment of Civil
Engineer Assistant and accordingly he came to be appointed.
The Petitioner will get appointment as per the seniority
whenever vacancies will be there.
21. In view of this specific reply, we do not see any
illegality committed by the Zilla Parishad, Washim in appointing
the Respondent No.3 - Gajanan Pundlik Karche.
22. So far as Writ Petition No. 7759 of 2022 is
concerned, the petitioner is seeking quashing and setting aside
of Communication dated 09.09.2021, issued by the Chief
Executive Officer, Zilla Parishad, Washim. From this
Judgment 14 J-WP No.8262.2023+1.odt
communication, it reveals that when objections were called by
publishing provisional seniority list of the year 2021, the
Petitioner has not taken any objection. However, the Zilla
Parishad made it clear that if the petitioner is eligible, he would
be considered for appointment in 10% reservation. During the
pendency of this Petition, the respondent No.3 was appointed,
which is under challenge in Writ Petition No.8262 of 2023. As
discussed above, the posts which advertised in the year 2023 are
including the posts advertised in the year 2019. Accordingly, 29
posts were considered for reservation of 10% in various
categories. Thus the petitioner is not senior to respondent No.3
in OBC Category, therefore, the appointment of respondent No.3
cannot be held as illegal.
23. Accordingly, both the writ petitions are dismissed. No
order as to costs. Pending application(s), if any, stand(s)
disposed of.
(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.)
Signed by: Mr. B.J. Kirtak Kirtak
Designation: PA To Honourable Judge
Date: 30/03/2026 19:21:57
