Bombay High Court
Maharashtra Rajya Gram Panchayat ... vs State Of Maharashtra, Thr. Secretary, ... on 26 March, 2019
Bench: R. K. Deshpande, S.M.Modak
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 128 OF 2019
Maharashtra Rajya Gram Panchayat
Karmachari Union, Branch Nagpur,
through its Secretary,
Shri Ashok Shamrao Kuthe,
having its office at Bajrang Nagar,
Ghogli Road, Koradi,
Tahsil Kamptee, Distt. Nagpur ....... PETITIONER
...VERSUS...
1. State of Maharashtra, through
its Secretary, Department of Rural Development,
and Water Resources, Manatralaya, Mumbai-32
2. Divisional Commissioner,
Nagpur Division, Nagpur.
3. Zilla Parishad, Nagpur,
Through its Chief Executive Officer. ... RESPONDENTS
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Shri N.S.Warulkar, Advocate for Petitioner.
Shri N.R.Patil, AGP for Respondent Nos.1 and 2
Smt. S.W.Deshpande, Advocate for Respondent No.3
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CORAM: R. K. DESHPANDE, AND
S.M.MODAK, JJ.
DATE : 26th MARCH, 2019 .
ORAL JUDGMENT (P.C.)
1] Rule made returnable forthwith.
Heard finally by consent of learned counsels appearing for the parties.
::: Uploaded on - 28/03/2019 ::: Downloaded on - 28/03/2019 23:30:02 :::2 wp128.19.odt 2] The petition claims relief in terms of prayer clause (i) and (ii), as under;
(I) Direct the respondent No.3 - Chief Executive Officer, Zilla Parishad, Nagpur, to fill up the backlog of 22 of Class III and Class IV post from the grampanchayat employees as per their seniority in view of the communication dated 06.11.2017 (Annexure II), 05.06.2018 (Annexure IV) and 28.09.2018 (Annexure VII), in the interest of justice.
(ii) Further be pleased to direct the respondent No.3 to fill up the backlog of 22 post from the grampanchayat employees as per their final seniority list dated 01.01.2017 (Annexure no.X) in the interest of justice.
3] In response to this petition, the stand taken by the Zilla Parishad in paragraph No.4 of the reply is reproduced below.
[4] As to para no.6 :- It is submitted that in response to the guidance of respondent no.1 State issued letter dated 05.06.2018 which is annexed to the petition as Annexure-IV and letter dated 28.09.2018 which is annexed to the petition as Annexure-VIII. As per the direction mentioned in the letter dated 28.09.2018, the answering respondent has already left the post to be filled in by the Gram Panchayat Employees. Needless to mention that the answering respondent is duty bound to fill in 10% posts of Gram Sewak from Gram Panchayat Employees and accordingly the same is maintained by advertising the posts by direct recruit excluding the 10% posts reserved from Gram Panchayat Employee. It is pertinent to mention here that for the year 2016, 2017 and 2018 there is no recruitment. Therefore, the answering respondent again sought guidance vide letter dated 01.11.2018 which is annexed to the petition as Annexure-IX. The respondent No.1 after taking into consideration the factual position vide letter dated 17.01.2019 cancelled the letter dated 05.06.2018 which is at Annexure-IV. A copy of this communication dated 17.01.2019 is annexed herewith and marked as Annexure R-3-1.
::: Uploaded on - 28/03/2019 ::: Downloaded on - 28/03/2019 23:30:02 :::3 wp128.19.odt 4] In view of the aforesaid reply filed by the respondent, it is an undisputed position that 22 posts in Class-III and Class-IV required to be filled in by the Gram Panchayat employees representing 10% vacancies, are vacant. Though there is an advertisement inviting applications for Class-III and Class-IV posts, it is the statement made before us that the advertisement excludes the quota of 10% vacancies to be filled in by the Gram Panchayat Employees.
5] The present petition was filed in the month of December, 2018 and at that time the employees of the union who were eligible and had not crossed the age of 45 years were not considered. In fact, the recruitment in 10% vacancies has not taken place, resultantly the employees are becoming age-barred. We, therefore, direct the respondent to take immediate steps to fill in Class-III and Class-IV posts in 10% vacancies meant for Gram Panchayat Employees and the eligibility should be considered for recruitment on the basis of cut off date of filing of this petition against the vacancies which were vacant as on that date. The steps be ::: Uploaded on - 28/03/2019 ::: Downloaded on - 28/03/2019 23:30:02 ::: 4 wp128.19.odt taken within a period of six months from today.
6] Rule is made absolute in above terms. No order as to cost.
7] Civil application for amendment is not pressed.
In view of the aforesaid decision, another civil application for stay does not survive. The same is, therefore dismissed.
JUDGE JUDGE
Rvjalit
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