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2016 Supreme(Bom) 975

B.P.DHARMADHIKARI, INDIRA JAIN
Fanindrakumar Laxman Baghele – Appellant
Versus
Zilla Parishad, Bhandara, through its Chief Executive Officer – Respondent


Advocates Appeared:
For the Appellant :Shri A.A. Naik, Advocate
For the Respondent:Shri B.M. Lonare, AGP, Shri R.S. Khobragade, Shri P.S. Tiwari, Advocate

JUDGMENT :

B.P. Dharmadhikari, J.

In this Writ Petition two questions fall for determination. First one is whether the petitioner an employee on contract basis since 20-10-2010 can be treated as employee previously in Zilla Parishad service so as to enable him to claim extended age of 45 years while applying for the recruitment. Second question is whether the application submitted for the employment by the petitioner was in accordance with the stipulation in Clause 11 of the recruitment advertisement dated 31-10-2015.

2. The last date for submission of application was 13-11-2015 and the petitioner applied on 06-11-2015. Insofar as the provision for age is concerned, it is contended by the learned Advocate for the petitioner that the petitioner though belonging to Other Backward Class category has applied in open category and therefore the age of recruitment for the petitioner is 33 years and if he is above 33 years his application cannot be looked into. The learned Advocate for the petitioner, however, has relied upon Clause 7.2.g of the advertisement to demonstrate that if such person is already in the employment of the Zilla Parishad or the State Government, he should be below 45 ye













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