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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
R. G. AVACHAT, ABASAHEB D. SHINDE
Vijay s/o Dinkar Wagh – Appellant
Versus
State of Maharashtra – Respondent
| 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 Vil
Inaction by authorities preventing eligible candidates from absorption in employment creates discrimination, violating constitutional rights to fair consideration.
Transitory provisions - Provision under Section 493 of Maharashtra Municipal Corporations Act read with Clause 5(c) of the Appendix IV would also apply in case of en bloc transfer of the property for....
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
The entitlement to appointments based on wait list positions and the application of age relaxation and policy circulars in determining eligibility for appointments.
Promotion in public service must adhere to seniority principles, and arbitrary actions undermining this principle are impermissible.
Eligible junior's vested right to promotion precedes seniors' conditional consideration under relaxatory note in recruitment rules.
Service matter - Seniority - The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service....
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