Writ Petition No. 6947 of 2015. Case: Ganesh Murlidhar Chaudhari Vs The State of Maharashtra and Ors.. High Court of Bombay (India)

Case NumberWrit Petition No. 6947 of 2015
CounselFor Appellant: Hemraj P. Kshirsagar, Adv. and For Respondents: A.G. Magre, Adv.
JudgesS. S. Shinde and P. R. Bora, JJ.
IssueService Law
Judgement DateFebruary 17, 2016
CourtHigh Court of Bombay (India)

Judgment:

  1. Rule. Rule made returnable forthwith. By consent of the parties, taken up for final hearing.

  2. The brief facts, necessary for deciding this Petition, are that, the petitioner is appointed as peon in the Village Panchayat at Nashirabad, Tq. & Dist. Jalgaon on 1st April, 1999 and since then he is serving on the said post for last more than 15 years. The Respondent No. 1 issued circular on 6th April, 2005 directing all the concern Zilla Parishads to reserve 10% quota of Class-III and Class-IV posts to the Village Panchayat employees in Zilla Parishad in direct recruitment process and to make available same to the employees of the village panchayat completing 10 years of their services, as per their qualification and giving age relaxation upto 45 of age. It is the case of the petitioner that, the representations were made by the petitioner initially on 11th February, 2011, and 6th April, 2011 to the Respondent No. 4, for including his name in the seniority list, but it was in vain, and finally the name was included in the seniority list on 22nd February, 2013, and due to the negligence of the respondents, the petitioner lose his opportunity in the year 2010, 2011 and 2012.

  3. The Respondent No. 4 published the seniority list of the village panchayat employees for the Jalgaon district on 3rd March, 2014, wherein the name of the petitioner is at Sr. No. 239 in the seniority list. However, the name of the petitioner was not included in the seniority list published in the year 2015 on the ground that, he has crossed 45 years age.

  4. The learned counsel appearing for the petitioner submits that, the petitioner is deprived of getting appointment in the employment of Zilla Parishad from 10% reserve quota of village panchayat employees, due to not filling of the said posts by the respondents for the years together, and till attaining the age of 45 years by the petitioner. It is submitted that, some of the employees, who have crossed age of 45 years have been absorbed, however, in case of the present petitioner, the absorption is denied on the ground that, the petitioner has completed more than 45 years age. It is further submitted that, the petitioner's name is not included in the seniority list though the petitioner is serving with the Gram Panchayat, Nashirabad, Tq. & Dist. Jalgaon as peon from 1st April, 1999 and was eligible for inclusion of name in the seniority list in the year 2009.

    The petitioner's name was not included in the...

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