(1) WP. 8784-2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.8784 OF 2011

The Municipal Council, Jalna

PETITIONER

VERSUS

Vishnu Krishana Shingare and anr. RESPONDENTS

.....

Mr. H.K. Munde, Advocate for the petitioner

Mr. B.V. Thombre, Advocate for respondent no.1

Mr. S.K. Kadam, AGP for the respondent-State

.....

CORAM

: R.M. BORDE, J.

DATED

: 21^ST JUNE, 2012

ORAL ORDER:

1

The petitioner-Municipal Council is raising

exception to the order passed by the Competent

Authority and Commissioner for Handicap Welfare,

Maharashtra State, Pune.

2.

The State Government has presented an

affidavit-in-reply and has stated the procedure for

appointment to the post of Administrative Officer.

The contents of paragraph nos.7 to 10 are relevant,

which are reproduced below:

"7. I say and submit that, the seniority

list of the grade C1 and C2 employees

will be firstly prepared by Collector of

the District concerned in the Division.

Then the Divisional Seniority list will

(2) WP. 8784-2011

be prepared of these employees on the

basis of the seniority list prepared by

all 8 district in the division, which

will be published accordingly. This

seniority list will be finalised and

then the promotion will be given as per

the grade/cadre by selection committee

considering all the criterias for the

promotion. The position of taxation and

Administrative service Grade-B cadre in

the Division Aurangabad is shown below

in the table.

Sr.

No.

Pay

scale

Total

no.

of

posts

Manner of

recruitment to the

post

Post filled

by

absorption

No.of post

vacant

By nomin-| By prom-

ation | otion

nomin-|prom-

ation |otion

nomin-|prom-

ation |otion

1

5500-

9000

25

13 | 12

|

7 | --

|

6 | 12

|

8. I say and submit that, the work of

preparing the draft seniority list is in

progress in different district by

district authority.

9. I say and submit that, therefore,

there is no injustice to respondent no.1

in the process of promotion as his right

of promotion is not denied by the

authority. After publication of final

seniority list of divisional level, the

claim of respondent no.1 to promotion to

Grade-B cadre will be considered by the

committee constituted for the purpose of

selection.

10. In view of the facts and

circumstances mentioned herein above,

rules framed recently by Government of

Maharashtra, in the year 2006, which is

called

as

Maharashtra

municipal

Councils,

Nagar

Panchayats

and

Industrial Township Nagar Services

(Absorption, Recruitment and Conditions

of Service) Rules, 2006 which are recent

and time is required to prepare the

(3) WP. 8784-2011

final seniority list and approval of the

roster by the competent authority, the

order issued by the Commissioner

Disabled

Welfare

Directorate,

Maharashtra State Pune, dated 15.7.2011

may kindly be quashed and set aside."

3.

In view of the statements made by the State

Government in the affidavit, the Municipal Council

has no case to raise the grievance in respect of the

order under challenge in the Petition. The Petition

therefore stand disposed of.

Sd/-

[R. M. BORDE, J.]

arp/