Bombay High Court
Gautam Jaideo Sarkar And Others vs The State Of Maharashtra, Through Its ... on 16 September, 2019
Author: Vinay Joshi
Bench: R.K.Deshpande, Vinay Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 56 OF 2019
PETITIONERS: 1. Gautam Jaideo Sarkar,
Aged about 42 Yrs.,
Occu.- Service,
R/o Chandrashekhar Ward,
Shrinagar, Gondia, Distt. Gondia
2. Bhojraj Vithoba Pardhi,
Aged about 43 Yrs.,
Occu. - Service,
R/o. At Po: Kachewani,
Tq. Tiroda, Distt. Gondia.
3. Devendra Sukhdeo Pardhi,
Aged about 32 Yrs.,
Occu.: Service,
R/o. At Po: Indora, Tq. Tiroda,
Distt. Gondia.
VERSUS
RESPONDENTS: 1. The State of Maharashtra,
Through its Secretary,
Home Department,
Mantralaya, Mumvbai-32.
2. State of Maharashtra,
through Secretary for Rural
Development Department,
Mantralaya, Mumbai-32.
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3. The Divisional Commissioner,
Nagpur Division, Nagpur,
4. The Zilla Parishad Gondia,
Through its Chief Executive
Officer, Gondia
WITH
WRIT PETITION NO. 3958 OF 2018
PETITIONERS: 1. Raju Deorao Gade,
Aged 40 Yrs.,
R/o Siddharth Nagar,
Post - Shivaji Nagar, Amravati,
Tq. & Distt. Amravati.
2. Bhavana Radhakisan Bhilawekar,
Aged 42 Yrs.,
R/o. Zilla Parishad Quarters,
Near Maltekdi, Amravati,
Tq. & Distt. Amravati.
3. Shalu V. Khare,
Aged 37 Yrs.,
R/o. Quarter No. 4, Panchayat
Samittee Bhatkuli Area, Amravati,
Tq. & Distt. Amravati.
4. Ravindra Ganeshrao Gavhankar,
Aged 42 Yrs.,
R/o. Gayatri Nagar, Near Saroj
Colony, Sutgirni Road, Amravati,
Tq. & Distt. Amravati.
5. Sunil Punjabrao Rokade,
Aged 38 Yrs.,
R/o Village Navsari, Post - V.M.V.
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Amravati, Tq. & Distt. Amravati.
6. Sachin Ambadas Kaware,
Aged 37 Yrs.,
R/o. At Post Haturna,
Tq. Bhatkuli, Distt. Amravati.
7. Sumit Shivnath Ramteke,
Aged 29 Yrs.,
R/o. The Great Kailash Nagar,
Amravati, Tq. & Distt. Amravati.
8. Shyam Balam Bhosale,
Aged 35 Yrs.,
R/o. Wadura, Tq. Nangaon,
Khandeshwar, Distt. Amravati.
9. Manish Babarao Chaudhari,
Aged 38 Yrs.,
R/o. Loni, Tq. Arni, Distt. Yavatmal,
Presently working with Zilla Parishad,
Yavatmal, Distt. Yavatmal.
10. Nandu Laxmanrao Khanande,
Aged 39 Yrs.,
R/o. Nirulgangamai,
Tq. Bhatkuli, Distt. Amravati.
11.Pushpalata Bhausaheb Tagad,
Aged 38 Yrs.,
R/o. Near Dr. Ajay Dafale Hospital,
Rukhmini Nagar, Amravati,
Tq. & Distt. Amravati.
12.Archana Ramchandra Dhote,
Aged 40 Yrs.,
R/o. Somnath Apartment,
Surabhi Layout, Tapowan, Camp,
Amravati, Tq. & Distt. Amravati.
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13. Mangesh Ramdas Pundkar,
Aged 30 Yrs.,
R/o. Rahul Nagar, Bichchu Tekadi,
Jail Quarter, Camp, Amravati,
Tq. & Distt. Amravati.
14. Syed Ashraf-Ali Syed Ahemad-Ali
Aged 46 Yrs.,
R/o. Rahul Nagar, Bichchu Tekali,
Camp, Amravati, Tq. & Distt. Amravati.
15. Sharad Ganaji Chavhan,
Aged 34 Yrs.,
R/o. Zilla Parishad Quarter,
Amravati, Tq. & Distt. Amravati.
16. Prakash Diliprao Gaurkhede,
Aged 34 Yrs.,
R/o. Gurukunj Colony, Shegaon
Naka, Amravati, Tq. & Distt. Amravati.
17. Abdul Shafique Abdul Sayeed,
Aged 40 Yrs.,
R/o. Chaprashipura, Amravati,
Tq. & Distt. Amravati.
18. Lucky Jawaharlal Solanke,
Aged 43 Yrs.,
R/o. Navi Vasti, Badnera,
Tq. & Distt. Amravati.
19. Mangesh Mohanrao Gawale,
Aged 34 Yrs.,
R/o. Paratwada, Tq. Achalpur,
Distt. Amravati.
VERSUS
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RESPONDENTS: 1. The State of Maharashtra,
Through the Chief Secretary,
Home Department,
Mantralaya, Mumbai.
2. State of Maharashtra,
through Secretary for Rural
Development Department,
Mantralaya, Mumbai.
3. The Divisional Commissioner,
Amravati Division, Amravati,
4. The Zilla Parishad Amravati,
Through its Chief Executive
Officer, Amravati,
Distt. Amravati
WITH
WRIT PETITION NO. 4257 OF 2018
PETITIONERS: 1. Liladhar S/o. Kawduji Tibude,
Aged about 44 Yrs.,
Occu.- Service,
R/o Khatitola, Post.
Davaniwada, Tah. & Distt. Gondia
2. Ravindra S/o. Natuji Waghore,
Aged about 50 Yrs.,
Occu. - Service,
R/o. At Post. Pandhrabodi,
Tah. &, Distt. Gondia.
3. Mukundrao S/o. Shravan Kawde,
Aged about 46 Yrs.,
Occu.: Service,
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R/o. At Post. Rishma, Tah.
Amgaon, Distt. Gondia.
VERSUS
RESPONDENTS: 1. State of Maharashtra,
Through its Secretary
Rural Development
Department, Bandhkam
Bhavan, 25, Marzban Path,
Fort, Mumbai-01.
2. Chief Executive Officer,
Zilla Parishad, Gondia,
Distt. Gondia
WITH
WRIT PETITION NO. 48 OF 2019
PETITIONERS: 1. Shri Pandurang Natthuji Gorle,
Aged about 28 Yrs.,
Occupation - Service,
Working as Parichar (Peon)
Class-IV, in Zilla Parishad,
Amravati at Primary Health Centre,
R/o. Ward No.3, Loni Amravati,
Maharashtra 444701
2. Shri Amit Arvind Barbuddhe,
Aged about 36 Yrs.,Occu. - Service,
Working as Parichar (Peon)
Class-IV, at Panchayat Samiti
Amravati, Zilla Parishad, Amravati,
R/o. Murari Upadhyay Plot,
Chikhaldara, Taluka Chikhaldara,
Distt. Amravati
3. Shri Atul Arjunrao Mule,
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Aged about 35 Yrs.,
Occu. - Service, Parichar (Peon)
R/o. Veterinary Hospital, (Grade-II),
Kawtha Kadyu Panchayat Samiti,
Chandur Railway, Zilla Parishad,
Amravati, R/o. C/o. Veterinary
Hospital, Kawtha Kadu Panchayat
Samiti Office, Chandur Railway,
Zilla Parishad, Amravati
4. Shri Ratanakar S/o. Udhavrao Mule,
Aged about Major, Occu- Service,
Working at Parichar (Peon),
at Samaj Kalyan Vibhag,
Zilla Parishad, R/o. C/o. Office at
Samaj Kalyan Vibhag, Zilla Parishad,
Amravati.
VERSUS
RESPONDENTS: 1. The State of Maharashtra,
Through the Chief Secretary,
Home Department,
Mantralaya, Mumbai-440032.
2. State of Maharashtra,
through Secretary for Rural
Development Department,
Mantralaya, Mumbai-440032.
3. The Divisional Commissioner,
Amravati Division, Amravati.
4. The Zilla Parishad, Amravati,
Through its Chief Executive
Officer, Amravati.
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Ms. Meghna Munshi, counsel for the petitioner in Writ Petition No.56 of 2019
Ms. N.P.Mehta, AGP for respondent nos.1 to 3 in Writ Petition No.56 of 2019
Mr.A.B. Moon, counsel for the petitioner in Writ Petition No.48 of 2019
Ms.N.P. Mehta, AGP for respondent Nos.1 to 3 Writ Petition No.48 of 2019
Mr.Sunil Shinde, counsel for respondent No.4 in Writ Petition No.48 of 2019
Mr.S.M.Vaishnav, counsel for the petitioner in Writ Petition No.3958 of 2019
Ms.N.P.Mehta, AGP for respondent nos.1 to 3 in Writ Petition No.3958 of 2019
Mr.Sunil Shinde, counsel for respondent no.4 in Writ Petition No.3958 of 2019
Mr.A.B. Moon, counsel for intervenor in Writ Petition No.3958 of 2019
Mr.A.P. Chaware, counsel for petitioner in Writ Petition No.4257 of 2018
Ms.N.P.Mehta, AGP for respondent no.1 in Writ Petition No.4257 of 2018
Ms.M.P. Munshi,counsel for intervenor in Writ Petition No.4257 of 2018
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CORAM :R.K.DESHPANDE &
VINAY JOSHI, JJ.
DATED : 16.09.2019.
ORAL J U D G M E N T (Per : R.K.DESHPANDE, J.)
. Rule. Rule made returnable forthwith.
2 Learned counsels and learned AGP appearing for the
respective respondents waives service of notice.
3. Heard finally by consent of the learned counsels appearing for the parties.
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4. The petitioners in all these writ petitions were working on the Class -IV post of peon under the services of Zilla Parishad, Amravati. Their claim is for promotion to the post of Junior Assistant in District Service (Class -IV) of Zilla Parishad.
5. In exercise of powers conferred by clause XXXIX of Sub Section (2) of Section 274 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, the Recruitment Rules called as the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 are framed and the same are operating till this date. Appendix IX under Rule 5 deals with District Service (Clause-III) (Sub ordinate Ministerial) Grade-1 including posts of (1) Jr. Assistant (2) Stores Assistant (3) Store keeper and (4) Computer. The appointment to this post is to be made by way of promotion of suitable member of District Service (Class-IV) of Zilla Parishad, who has passed Secondary School Certificate or equivalent examination and has put in three years of continuous service in District Service (Class-IV). All the petitioners have fulfilled this criteria for promotion prescribed under the Recruitment Rules.
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6. The petitioners in Writ Petition No.3958 of 2018 and 4257 of 2018 are denied the promotion on the ground that they do not possess the graduation degree, which is the requirement prescribed under the Government Resolution dated 04.06.2018 issued by the Rural Development Department of the State Government and the Notification dated 06.06.2017 issued by the General Administrative Department. The Government Resolution dated 04.06.2018 introduces additional criteria of possessing graduation degree for promotion to Class-III post of Jr. Assistant under the Zilla Parishad. This Government Resolutions at the end specifies that steps shall be taken to amend the concerned Recruitment Rules subsequently, but the Government Resolution is made applicable with effect from 04.06.2018 itself. The Notification dated 06.06.2017 issued by the General Administrative Department is in exercise of the powers conferred by the Proviso to Article 309 of the Constitution of India framing the Rules called as the Clerk-Typist, Group-'C' in the Government Offices outside Greater Mumbai (Recruitment) Rules 2017, applicable to the posts which are not within the purview of Kavita ::: Uploaded on - 20/09/2019 ::: Downloaded on - 19/04/2020 06:28:50 ::: 33-wp-4257-18-Judgment 11/14 Maharashtra Public Services Commission. Proviso below Sub Rule (2) of Rule 1 clearly states that these Rules shall not be applicable to such post of Clerk-typist, Group-'C' in the Government Offices, outside Greater Mumbai, for which the concerned Administrative Department had separately framed the Recruitment Rules. These Rules also specify the additional criteria of possessing graduation degree for promotion to the class-III post of Clerk-cum-Typist under the services of State Government equivalent to the Jr. Assistant working in Zilla Parishad.
7. On 09.07.2018 this Court had issued notice for final disposal of the matter and an interim relief was granted in terms of prayer clause (iii) of the petition, restraining the respondents from proceeding with the process of promotion as per the Government Resolution dated 04.06.2018. It is because of the order passed by this Court that the Rural Development Department of the State Government by its communications dated 11.12.2018 informed the Chief Executive Officer of the all Zilla Parishads that this Court has stayed the Government Resolution dated 04.06.2018 and therefore, the recruitment shall take place Kavita ::: Uploaded on - 20/09/2019 ::: Downloaded on - 19/04/2020 06:28:50 ::: 33-wp-4257-18-Judgment 12/14 in accordance with the old Rules. Hence, this communication is the subject matter of challenge in Writ Petition No.56 of 2019 and 48 of 2019. The petitioners in Writ Petition No.56 of 2019 and 48 of 2019 are the persons possessing the graduation degree and they are opposing the claim of the petitioners in Writ Petition No.3958 of 2019 and 4257 of 2018, who are only matriculate having three years' experience as required under the Recruitment Rules framed by the Zilla Parishad.
8. We need not have a detailed discussion on the matter, except expressing that we are of the clear view that the Recruitment Rules framed in exercise of the powers conferred by Section 274 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961, which are in force since 14.12.1967, cannot be amended either by the Government Resolution dated 04.06.2018 or 06.06.2017. It is also not the case of the respondents that these Government Resolutions amend the provisions of the Recruitment Rules of Zilla Parishad. In view of this, the recruitment to Class-III post in the District Service shall remain uninfluenced by the Government Resolutions dated 04.06.2018 and 06.06.2017. The Kavita ::: Uploaded on - 20/09/2019 ::: Downloaded on - 19/04/2020 06:28:50 ::: 33-wp-4257-18-Judgment 13/14 recruitment has to be as per the Recruitment Rules framed under the Zilla Parishad and Panchayat Samitis Act. The petitioners in Writ Petition Nos.3958 of 2019 and 4257 of 2018 cannot be denied consideration for the promotion to Class-III post on the ground that they do not possess the graduation degree. Obviously, the petitioners in other two writ petitions, if are possessing the requisite qualification in terms of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967, then they also cannot be denied the opportunity of promotion in accordance with the Rules.
9. Our attention is also invited to the Notification published in the Maharashtra Government Gazette on 11.06.2019 clarifying that the persons, who are holding the post in Group-D and who have passed the Secondary School Certificate Examination and possesses qualification mentioned in Sub clause
(iii) of Clause (b), before the date of publication of these Rules in the Maharashtra Government Gazette, shall also be considered for promotion under Clause (a) for the next five years from the date of publication of these Rules. In view of this Notification also, the Kavita ::: Uploaded on - 20/09/2019 ::: Downloaded on - 19/04/2020 06:28:50 ::: 33-wp-4257-18-Judgment 14/14 recruitment governed by the criteria prescribed under the Notification dated 06.06.2017 stands clarified and those not possessing the graduation degree prior to 06.06.2017 are also held eligible for promotion.
10. In view of above, all these Writ petitions are disposed of by an order as under:-
The recruitment to Class-III posts including the post of Junior Assistant under the District Service shall be governed by the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 and the Government Resolutions dated 04.06.2018 and 06.06.2017 shall not be applicable to their recruitment.
Rule is made absolute in the above terms. No order as to costs.
JUDGE JUDGE
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