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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 :
1. Rule. Rule made returnable forthwith. With the consent of parties heard finally.
FACTUAL MATRIX :
| 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 |
5. It is further case of the petitioners that after 2015 there was no recruitment in Zilla Parishad for Class -III and Class-
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.
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....
Service Laws – Seniority List – OMs made it clear that seniority of direct recruits had to be fixed from the date of appointment and not from date of initiation of recruitment process.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
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