BHALCHANDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. The Rule is made returnable forthwith. Learned AGP and the learned Advocate for the respondent No. 3 waive service. With the consent of both the sides the matter is heard finally at the stage of admission.

(3.) By way of this petition under Article 227 of the Constitution of India, the petitioner is impugning the judgment and order passed by the learned Additional Divisional Commissioner, Aurangabad, dated 30.11.2018, dismissing his appeal preferred under Rule 14 of the Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964 (hereinafter 'the Rules'). The facts giving rise to the petition are to the effect that the petitioner was appointed as a peon in group 'D' category on compassionate ground in the employment of Zilla Parishad by the order dated 06.12.2004. At that time he was holding Bachelor of Arts degree. He subsequently acquired higher qualification of B.Ed. in the year 2008 and M.Ed. in the year 2010. He then requested his superiors to accommodate him in group 'C' cadre. He filed Writ Petition No. 4810/2013 in this Court with a similar prayer. By the order dated 29.08.2013, this Court directed the respondent No. 3 - Chief Executive Officer of the Zilla Parishad, Beed, to take decision on his representation. Pursuant to such a direction, the respondent No. 3 appointed the petitioner as a Cluster Head in group 'C' cadre by the order dated 25.10.2013.