Writ Petition No. 4507 of 2015. Case: Umesh Vs The State of Maharashtra and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 4507 of 2015 |
| Counsel | For Appellant: R.R. Suryawanshi, Advocate and For Respondents: S.D. Kaldate, AGP |
| Judges | S. S. Shinde and P. R. Bora, JJ. |
| Issue | Service Law |
| Judgement Date | February 24, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
S. S. Shinde, J.
-
This Petition takes exception to the impugned communication / letter dated 17.03.2015 passed by respondent no. 6. There is further prayer, seeking directions to respondents to issue the appointment order to the petitioner on the post of 'Live Stock Supervisor' in the office of respondent nos. 5 and 6 Zilla Parishad, Ahmednagar, under 'Nomadic Tribe' reserved category forthwith, with all other consequential service benefits.
-
It is the case of the petitioner that, the petitioner passed H.S.C. Examination in February, 2004. The petitioner also passed Diploma of two years in Diary Development Management and Animal Husbandry of the Maharashtra Husbandry and Fishery Science University, Nagapur in April / May 2006. The petitioner, thus, is possessing the requisite qualification of being appointed on the post of 'Live Stock Supervisor', as per the Maharashtra Zilla Parishad, District Services [Recruitment] Rules, 1967, as amended from time to time [for the sake of convenience, hereinafter referred to as 'the Recruitment Rules'].
-
It is the case of the petitioner that, the District Selection Committee published an advertisement in daily newspaper namely 'Dainik Lokyug', dated 05.04.2010, inviting the applications for selection and appointment of the candidates to the various posts of Group-C and D in Zilla Parishad, Ahmednagar, including eight posts of Live Stock Supervisor. Out of the total eight posts, four posts were reserved for the scheduled Castes candidates. Out of which, one post was for woman candidate, and another one post was kept reserved for Ex-Serviceman. Another four posts were reserved for the Special Backward Class, and one was reserved for Nomadic Tribes. It is further the case of the petitioner that, as per the advertisement published by the District Selection Committee, Ahmednagar, dated 05.04.2010, he has submitted an application for the post of 'Live Stock Supervisor' from Nomadic Tribes in the prescribed proforma dated 15.04.2010.
-
It is the case of the petitioner that, he appeared in the said written examination held by the District Selection Committee, in which the petitioner has secured total marks 130.88, out of 180 marks. The another candidate namely Mahindra Babanrao Lad has secured total marks 132.13, out of 180 marks, in the said written examination. The Selection Committee has selected the name of Mahendra Babanrao Lad and issued appointment order to him. The Selection Committee has declared the petitioner as a selected candidate, and his name was kept in waiting list at serial no.1. The petitioner has placed on record copy of letter dated 26.04.2012, and mark sheet of interview of the candidates dated 08.05.2012, and selection list of the candidates, wherein the name of the petitioner and other candidates are shown.
-
It is further the case of the petitioner that, the Selection Committee has issued appointment order dated 26.04.2013 to the another candidate namely, Mahindra Babanrao Lad, and he was given period of one month for joining the service from the date of his appointment. On receipt of the appointment order dated 26.04.2013 to the Mahindra Babanrao Lad, he did not join his service on the post of Live Stock Supervisor in the office of Animal Husbandry, Zilla Parishad, Ahmednagar, during the period of one month from the date of issuance of the appointment order dated 26.04.2013.
-
It is further the case of the petitioner that, on getting information that, selected candidate namely Mahindra Lad did not join on the said post, he has submitted the application on 03.06.2013 to the office of respondent no. 5 Zilla Parishad, Ahmednagar, requesting therein for appointing him on the post of Live Stock Supervisor, in the office of Animal Husbandry, Zilla Parishad, Ahmednagar. He has also filed an application to the office of the Collector, Ahmednagar, on 19.08.2013, and application dated 23.09.2013 to the office of Chief Executive Officer, Zilla Parishad, Ahmednagar.
It is further the case of the petitioner that, the Chief Executive Officer, Zilla Parishad, Ahmednagar, has issued a letter to the Secretary, Rural Development and Water Resources [Jalsandaran] Division, Mantralaya, Mumbai, dated 19.09.2013, and obtained guidance and order from said Department, by giving details of the application filed by the petitioner, requesting the Selection Committee for his appointment to the post of Live Stock Supervisor. In response to the said letter, the Desk Officer, Government of Maharashtra...
To continue reading
Request your trial