Bombay High Court
Pramod S/O Harishchandra Wankhade vs Maharashtra Jeevan Pradhikaran, ... on 9 September, 2025
Author: M.S. Jawalkar
Bench: M.S. Jawalkar
2025:BHC-NAG:8851-DB
J-WP 4891.2022.odt 1/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4891 OF 2022
Pramod s/o Harishchandra Wankhade,
Aged about: 55 years, Occ. Service,
R/o. Mohan Nagar, VMV Road,
Amravati. ....PETITIONER
...VERSUS...
1. Maharashtra Jeevan Pradhikaran,
Express Towers, Nariman Point,
Mumbai-1, through its Member
Secretary.
2. Superintending Engineer, Maharashtra
Jeevan Pradhikaran Circle, 'Akshitam',
Maltekdi, Amravati.
3. Superintending Engineer and Chairman
Circle Committee, Maharashtra Jeevan
Pradhikaran Circle, Civil Lines, Nagpur.
4. Executive Engineer (Mechanical),
Maharashtra Jeevan Pradhikaran Circle,
Maltekdi, Amravati.
5. State of Maharashtra, through Secretary,
Department of Water Supply and
Sanitation, G.T. Hospital Complex,
Tilak Marg, Mumbai.
...RESPONDENTS
J-WP 4891.2022.odt 2/13
----------------------------------------------------------------------------------
Smt. P.D.Meghe, Advocate for Petitioner.
Shri D.M.Kakani, Advocate for Respondent Nos. 1 to 4.
Shri S.B. Bissa, AGP for Respondent No. 5/State.
----------------------------------------------------------------------------------
CORAM : SMT. M.S. JAWALKAR AND
PRAVIN S. PATIL, JJ.
DATE OF RESERVING THE JUDGMENT : 21/08/2025
DATE OF PRONOUNCING THE JUDGMENT: 09/09/2025
JUDGMENT (PER : SMT. M.S. JAWALKAR, J.)
Heard finally by consent of learned counsel appearing for the respective parties.
2. By the present Petition, the Petitioner has challenged the communication dated 03.01.2018 issued by Respondent No. 3 - Superintending Engineer and Chairman, Circle Committee, Nagpur Circle, Maharashtra Jeevan Pradhikarn, Nagpur.
3. The facts of the case in brief are as under:-
The Petitioner holds several technical qualifications including a Diploma in Electrical Engineering, ITI (Electrician), a Certificate of Electrical Supervisor, and MS- J-WP 4891.2022.odt 3/13 CIT. He was initially appointed as a Pump Operator at Daryapur on 10/05/1986 by Respondent No. 2, considering his ITI qualification. Over the course of his service, the Petitioner enhanced his qualifications, completing his Diploma in Electrical Engineering in 1993 and obtaining exemption from the Departmental Examination for the post of Electrical Supervisor in 1994.
4. Although designated as a Pump Operator, the Petitioner was placed on the Converted Regular Temporary Establishment (CRTE) in 1991 and, from 01/11/1994 onwards, began discharging duties of a Junior Engineer (Electrical/Mechanical). This fact was acknowledged by the Sub-Divisional Officer, who had issued a certificate dated 25/02/1997. Further, the Government, by its letter dated 04/02/1993, had clarified that, the post of Electrical Supervisor was re-designated as that of Junior Engineer, thereby making the Petitioner eligible for absorption on the said post.
5. It is contended that, though the Petitioner was J-WP 4891.2022.odt 4/13 promoted from Pump Operator to Electrician in 2008 and later as Electrical Supervisor in 2012, he was consistently denied absorption as Junior Engineer. Despite Respondent No. 3's recommendation dated 24/10/2017, Respondent No. 2 rejected the proposal on the ground that, he was on CRTE, the reason is untenable since the Petitioner had attained permanency on 10/05/1996.
6. It is further submitted that, several similarly placed Electrical Supervisors, including Shri M. E. Bhole, were promoted as Junior Engineer, but the Petitioner alone was denied. The discrimination became evident when Respondent No. 1, by order dated 06/07/2021, promoted Civil Engineering Assistants to Junior Engineers while excluding the Petitioner, despite his higher qualifications and experience.
7. Thus, though eligible and with posts available, the Petitioner was arbitrarily denied absorption as Junior Engineer. The Respondents' conduct is discriminatory and J-WP 4891.2022.odt 5/13 reflects a pick and choose policy, calling an intervention by this Court.
8. On the contrary, it is the contention of the Respondents that, the present Petition is barred by gross delay and laches, having been filed more than four years after the Communication dated 15/12/2017. The Petitioner was initially appointed on a purely temporary basis without following the prescribed recruitment procedure and was subsequently absorbed only on Converted Regular Temporary Establishment (CRTE) under the Kalelkar Award, which does not constitute regular service. The qualifications acquired during service cannot entitle him to promotion, nor can CRTE service be treated as equivalent to service in the regular establishment.
9. It is further contended that the certificates, circulars and notifications relied upon by the Petitioner are applicable only to employees appointed on regular establishment posts and have no bearing on his case. The J-WP 4891.2022.odt 6/13 Recruitment Rules and Government Notifications dated 29/05/2010 and 20/04/2013 expressly exclude CRTE employees from promotion to the post of Junior Engineer. Hence, the Petition is devoid of merit, suffers from suppression of material facts, and is liable to be dismissed.
10. The learned counsel for the Respondent Nos. 1 to 4 relied on the following citations:-
(i) State of Tamil Nadu and ors. V/s. Amala Annai Higher Secondary School {2009(9) SCC 386}
(ii) State of U.P. and anr. V/s. U.P. Rajya Vidhit Adhikari Karyalaya Karmachari Sangh {Judgment passed by Hon'ble Apex Court in Civil Appeal No. 4768/1992, Arising out of SLP (C) No. 12016/1992, dated 4/11/1992}
11. The Petitioner claiming relief of quashing and setting aside the Communication dated 03/01/2018, issued by Respondent No.3 - Superintending Engineer and Chairman, Circle Committee, Nagpur Circle, Maharashtra Jeevan Pradhikaran, Nagpur. Further it is claimed that Respondent No.1-Member Secretary, Maharashtra Jeevan J-WP 4891.2022.odt 7/13 Pradhikaran, Mumbai be directed to absorb the Petitioner as a Junior Engineer (Electrical/Mechanical) from the date the Petitioner was appointed as Electrical Supervisor.
12. It is contended that the Petitioner was initially appointed as Pump Operator at Daryapur on 10/05/1986. In the year 1990, a Notification was issued by the Department of Rural Development declaring that designation of post of Electrical Supervisor has been changed to Junior Engineer (Electrical/Mechanical). It is further contended that the Petitioner holding a qualification of Diploma in Electrical Engineering, ITI (Electrician), a Certificate of Electrical Supervisor and MS-CIT. In spite of this qualification and despite of the fact that there is availability of post, the Respondent deprived him from the said post as Junior Engineer, despite of making consistent recommendation by the Respondent Nos.2 and 3 to absorb the Petitioner on the post of Junior Engineer (Electrical/Mechanical). In 2018, the Respondent No.3 informed to Respondent No.2 that since the Petitioner is working as Electrical Supervisor on J-WP 4891.2022.odt 8/13 Casual/Regular Temporary Establishment (CRTE), as such, he cannot be absorbed as a Junior Engineer. There is another recommendation of Sub-Divisional Engineer (Mechanical), Amravati in the year 2021 to Executive Engineer, Amravati -
Respondent No.4 that the Petitioner should be promoted or absorbed as Junior Engineer. The Petitioner also made a representation to Respondent No.1 to grant absorption as Junior Engineer. The said recommendation and representation turned out on the ground that the Petitioner is working on CRTE therefore, he cannot be absorbed as a Junior Engineer.
13. As against this, the Respondents contention is that the provision of "Kalelkar Award" is applicable to the employees, those who are entered into services either on daily wage basis or on temporary basis. The persons governed by the Kalelkar Award have not appointed on any sanctioned post and for them a supernumerary post has been created. After completion of five years of service on temporary basis, the Petitioner has been taken on the post of Electrician and J-WP 4891.2022.odt 9/13 Electrical Supervisor on CRTE basis, as provided in the Kalelkar Award. Till the year 1991, the Petitioner was daily wager and he was taken on CRTE from the year 1991 and has been paid salary in pay scale since he has been taken on CRTE.
14. The Respondents further contended that the Petitioner obtained Diploma in Electrical Engineering by corresponding course on 13/05/1993, however, this fact is not mentioned in the Petition. As the Petitioner was appointed on CRTE basis, therefore, whatever be the qualification acquired by the Petitioner, he cannot claim the post of regular establishment by way of promotion. The Respondents denied that any exemption was granted to the Petitioner from passing the departmental examination. So far as the Notification dated 10/07/1990 is concerned, issued by the Rural Development Department in respect of the Electrical Supervisor post of Groundwater Survey and Development Agency, which comes under the regular establishment. However, the said notification is not J-WP 4891.2022.odt 10/13 applicable to the Petitioner as he has been appointed on CRTE basis. The claim of the Petitioner is that in view of the Circular dated 16/12/1998, he may be promoted as Civil Engineer Assistant by way of promotion, though he was appointed on CRTE basis. It is also made clear that there is no any recommendation on behalf of the Respondent to take the Petitioner on the post of Junior Engineer as alleged by the Petitioner.
15. The learned Counsel Mr. D.M. Kakani for Respondent Nos.1 to 4, drew our attention to the Letter dated 04/09/2020 issued by the Superintending Engineer, Navi Mumbai, it was in respect of filling up the post of Technician and Electrical Engineer and not for filling up the post of Junior Engineer therefore, it is not concerned with the present Petitioner. It was pointed out that as per staffing pattern of the Maharashtra Jeevan Pradhikarn, the post of Junior Engineer (Electrical) does not exists on the establishment. It appears that the recommendation made by the Deputy Engineer to the Executive Engineer by which impression has J-WP 4891.2022.odt 11/13 been created that the said post of Junior Engineer (Electrical) exists from the establishment of Maharashtra Jeevan Pradhikarn and because of the said recommendation, the conclusion has been created. The post of Junior Engineer (Electrical) does not exists on the establishment of Maharashtra Jeevan Pradhikarn as per staffing pattern of Maharashtra Jeevan Pradhikarn dated 16/04/2008, approved by the Government of Maharashtra.
16. On perusal of the staffing pattern, it clearly reveals that the post of Junior Engineer (Electrical) is not there on the establishment of Maharashtra Jeevan Pradhikarn, however, the only post of Junior Engineer (Mechanical) and Junior Engineer (Civil) are approved. The qualification, which the Petitioner is holding, is not as per required qualification for the post of Junior Engineer (Mechanical). The Petitioner was not possessing the Diploma in Mechanical Engineering or Automobile Engineering, in view thereof also, his claim for Junior Engineer is not sustainable. The order, by which the Petitioner was taken on CRTE, it was made clear that as per J-WP 4891.2022.odt 12/13 terms of Kalelkar Award, the employee holding the post of promotion as per CRTE, the said post would get automatically lapsed on promotion.
17. The learned Counsel for Respondent Nos.1 to 4 relied on State of Tamil Nadu Vs. Amala Annai Higher Secondary School (supra) in support of his contention that the High Court cannot direct creation and sanction of posts. It is the prerogative of the executive and the Courts cannot arrogate to themselves a purely executive power. The Hon'ble Apex Court in para 15 observed as under :
"15. Last but not the least, the High Court erred in directing the present Appellant 1 to sanction one post of Junior Assistant to Respondent 1, AAHS School from 1-6-1994 overlooking and ignoring that creation and sanction of posts is the prerogative of the executive and the courts cannot arrogate to themselves a purely executive power".
Similar view is taken in the case of State of U.P. and another Vs. U. P. RajyaVidhit Adhikari karyalaya Karamchari Sangh (supra).
J-WP 4891.2022.odt 13/13
18. On perusal of staff justification, it is clear that there is no post of Junior Engineer (Electrical) sanctioned on the establishment of Maharashtra Jeevan Pradhikarn, the only post of Junior Engineer (Mechanical) and Junior Engineer (Civil) are approved. As there was no post sanctioned of Junior Engineer (Electrical), our attention is drawn to the Seniority List of 1921, which shows that last person i.e. Sau. Sunanda Chauhan came to be appointed as Electrical Engineer on 30/03/1998, thereafter, the post of Junior Engineer (Electrical) was not filled in at all as there was no post sanctioned of Junior Engineer (Electrical). Thus, the Petitioner's claim cannot be considered.
19. Accordingly, the Petition is devoid of any merit and liable to be dismissed. The Writ Petition stands dismissed. No order as to costs.
(PRAVIN S. PATIL, J.) (SMT. M.S. JAWALKAR, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 09/09/2025 17:58:14