SURESH V. BORIVKAR Vs. STATE

JUDGEMENT

(1.) Heard. It is not in dispute that the petitioner has been working on Arjuni Morgaon, Regional Water Supply Scheme since January 2012. It is not in dispute that the employees whose names are given in the list at Annexure-1 at page 14 of the paperbook have also been working on the water supply scheme. The grievance of the petitioner is that for want of sanction to the staffing pattern for Arjuni Morgaon, Regional Water Supply Scheme, they are deprived of the facilities of employment and are not being paid even the minimum wages.

(2.) Learned advocate for the petitioner has pointed out the Government Resolution dated 08/07/2013 by which the State Government has directed that the orders issued by it in the matter should be strictly complied with, and if there is failure to comply with the directions, action as per law should be taken by the Chief Executive Officer of the concerned Zilla Parishad against the erring officials / members of the committee. Learned advocate for the petitioner relied on Section 79A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short "the Act of 1961") to urge that the powers in relation to the subjects of water conservation, preservation, utilization, drinking water supply and sanitation are with the Water Management & Sanitation Committee.

(3.) After hearing the matter for sometime, we found that the reply filed on behalf of the respondent no. 4 - Zilla Parishad, Gondia is as vague as can be and it does not deal with the relevant issues raised by the petitioner.