Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 1626

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
R. G. AVACHAT AND ABASAHEB D. SHINDE, JJ.
Vijay s/o Dinkar Wagh - Appellant
Vs.
The State of Maharashtra - Respondent
Writ Petition No.8289 Of 2019
Decided On : 10-11-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. B. P. Kedar, Advocate
For the Respondent:Ms. R. P. Gour, AGP, Mr. Maheshkumar Sonawane, Advocate

Inaction by authorities preventing eligible candidates from absorption in employment creates discrimination, violating constitutional rights to fair consideration.

Headnote:(A) Constitution of India - Article 226 - Employment - 10% reservation for Village Panchayat employees in Zilla Parishad - Petitioners seek inclusion in seniority list and appointment orders under reservation policy after delay attributed to inaction by authorities caused age bar for petitioners. (Paras 18, 19, 24)

(B) Legitimate expectation - Petitioners, despite eligibility as employees, were not absorbed due to inaction of Respondent No.3-Zilla Parishad, violating principle of fairness guaranteed under Articles 14 and 16 of the Constitution. (Paras 19, 26)

(C) Court's order - Petitioners are entitled to placement in the seniority list with direction for issuance of appointment orders, while keeping three positions vacant. (Paras 24, 27)

Result: Writ Petition is allowed, and appointment orders directed for petitioners.

Table of Content
1. petitioners seek absorption based on 10% reservation. (Para 2 , 3 , 4 , 5 , 9 , 10 , 11)
2. petitioners argue discrimination based on inaction. (Para 12 , 15 , 16)
3. court emphasizes fairness and timely action. (Para 18 , 19 , 22 , 23)
4. court orders inclusion and appointment for petitioners. (Para 24 , 27)

JUDGEMENT :

(Per Abasaheb D. Shinde, J.) :

1. Rule. Rule made returnable forthwith. With the consent of parties heard finally.

2. By this Writ Petition, under Article 226 of the Constitution of India, the petitioners who are aspirants for being absorbed in the employment of Respondent No.3-Zilla Parishad Jalgaon (“Respondent No.3-Zilla Parishad”) from 10% reservation quota for the Village Panchayat employment are seeking direction that the names of the Petitioners be included in the seniority list of the employees of the Village Panchayat to be appointed in Class-III and Class-IV cadre of Respondent No.3-Zilla Parishad till their appointment in the said cadre of Zilla Parisahd as well as to give appointment orders to the Petitioners accordingly.

FACTUAL MATRIX :

3. The Petitioners claim that all the petitioners are working on different posts with their respective Village Panchayats and are eligible for being absorbed in the employment of Respondent No.3-Zilla Parishad from 10% quota to be filled in from the employees of Village Panchayat. The details of Petitioners can be summarized in the tabular form as below :-

	Petitioner No. 1	Petitioner No. 2	Petitioner No. 3
Names	Vijay Dinkar Wagh	Dnyandeos Pandharinath Bendale	Bhagwat Ramkrushna Zope
Holding Post	Clerk	Water Supply Employee	Peon
At Village	Fekri	Talwel	Fulgaon
Date of Birth	01.08.1973	26.04.1973	01.06. 1973
Appointed on	01.06.2003	01.10.1992	25.08.1997
Service Years	16	27	22
Education	SSC	SSC	HSC + Diploma in Construction Supervisor
Eligible for Post	Multi-Purpose Worker (MPW) (Aarogya Sevak) (health worker)	Multi-Purpose Worker (MPW) (Aarogya Sevak) (health worker)	Asst. Junior Engineer
Reserve Category	(SC)	--------------------	(OBC)
Serial No. in Seniority List dt. 03.11.2018	116	04	45
Seniority as per Caste Category	02	01	01

4. It is case of the Petitioners that as stated above, they are in employment of different Village Panchayats and have completed the service as mentioned in the aforesaid tabular form. It is further case of the Petitioners that Respondent No.1-State issued a circular on 06.04.2005 directing all the concerned 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 Village Panchayats who completed 10 years of their services, as per their qualification and by giving age relaxation up to 45 years. It is further case of the petitioners that even by way of amendment Rule 10-A and 10-B came to be inserted in Maharashtra Zilla Parishad and Panchayat Samitis Amendment Rule, 2005 to that effect.

5. It is further case of the petitioners that after 2015 there was no recruitment in Zilla Parishad for Class -III and Class-IV posts and as against the available vacancies less number of posts were filled up from 10% quota of Village Panchayat employees despite there was a huge backlog and no steps whatsoever have been taken by Respondent No.3- Zilla Parishad till the year 2018. It is also case of the Petitioners that thereafter the State Government allowed Respondent No.3-Zilla Parishad to fill up said 10% quota of employees of Village Panchayat without even waiting for the advertisement and thus Respondent No.3- Zilla Parishad started the recruitment.

6. It is also case of the Petitioners that as mentioned in the above tabular form though the Petitioners were eligible as per their respective seniority list both in general as well as from reserved category, due to an inaction on the part of Respondent No.3-Zilla Parishad, they were not considered for being absorbed in Respondent No.3-Zilla Parishad from the 10% quota, as a result of which the Petitioners