MOHAMMAD IBRAHIM MOHAMMAD VAZIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY a writ petition under Article 226 of the Constitution of India, the petition challenges the Constitutional validity of revised recruitment rules in respect of Maharashtra Finance and Accounts Service Class II brought into force with effect from 25-3-1971.

(2.) PETITIONER No. 1 joined service as a clerk with the erstwhile State of Hyderabad in the office of the Block Development Officer at Kalamnuri District Parbhani. His services were allotted to Zilla Parishad in the year 1962, initially on temporary basis. In 1971, he was absorbed in the cadre of District Services of Zilla Parishad as Junior Assistant Class III and later on promoted as Senior Assistant (Accounts) Grade III. In the year 1975, he was again promoted as Deputy Accountant Grade II and lastly in the year 1984, as Head Accountant Grade I in the office of Zilla Parishad, Parbhani. Petitioner No. 1 at present is a member of District Services Class III (Accounts) Grade I. As per Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967, "district Service" means District Technical Services (Class III), a District Service (Class III) or a District Service (Class IV) of a Zilla Parishad constituted under section 239 (b) of the Maharashtra Zilla Parishads and Panchayat Samities Act, 1961. The District Services Class III (Accounts) consists of three cadres, Grades, I, II and III. The eligibility and qualifications for the appointment in the District Services Class III (Accounts) Grades I, II and III are laid down in Appendix XI to Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967 (henceforth referred to as Zilla Parishad Recruitment Rules ). The Maharashtra Finance and Accounts Services Examination Class III was held by Maharashtra Public Service Commission and employees of Zilla Parishads in accounts branch were allowed to appear for the said examination. It is claimed that by virtue of Government Resolution dated 25-6-1986, the Deputy Accountant in the District Service Class III (Accounts) Grade II has now become eligible to appear for the Maharashtra Finance and Accounts Service Class III Examination. In fact, on reference to Government dated 25-6-1986 (Exhibit A to the petition), it appears that the Government was pleased to sanction a scheme as per Annexure A to the said Government resolution for holding Maharashtra Finance and Accounts Service Class III examination and allowing Zilla Parishad employees to appear for the same. Although resolution opens by indicating that purpose was to consider allowing Zilla Parishad employees to appear for MF and AS Class III examination, on reference to Annexure A, the examination under the scheme is named as "maharashtra Zilla Parishad, Finance and Accounts Service Class III Examination". As per Clause 3 of the scheme, incumbent holding the post of Deputy Accountant in the District Services (Class III) (Accounts) Grade II, having passed examination of Deputy Accountants conducted by Rural Development Department or Maharashtra Accounts Clerks Examination conducted by Directorate of Accounts and Treasuries, Bombay, or its equivalent examination are eligible to appear for this examination. Another Resolution dated 19-12-1988 was issued by Rural Development Department recognising Maharashtra Zilla Parishad Finance and Accounts Service Class III examination as examination equivalent to Maharashtra Finance and Accounts Services Class III Examination.

(3.) IN the year 1965, Government accepted in principle the establishment of a Directorate of Accounts and Treasuries under the Finance Department and the reconstitution of the supervisory cadres in the accounts offices subordinate to the Finance Department, under New Maharashtra Account Service. It was resolved to constitute a new accounts service to be known as the Maharashtra Finance and Accounts Service (State and Subordinate), to be kept under the administrative control of Finance Department. The decision was taken in view of the fact that there were several isolated posts (Gazetted and non-Gazetted) dealing with accounts matters, under the administrative control of various Government departments other than the Finance Department. The incumbents of most of those posts being isolated and not included in any particular cadre were at disadvantage in respect of promotion. In the absence of a common cadre and requisite degree of interchangeability and unity in the scales of pay for posts requiring similar qualifications and duties, Government offices were experiencing a severe shortage of personnel qualified in accounts work. The scheme was published by Resolution of Government in the Finance Department No. DAT-1064/584-C/xii dated 1-2-1965. The scheme created posts of State service consisting of super time scale posts, class I (senior), Class 1 (Junior), Class II and Class III posts for newly constituted and unified accounts services. The post in question is "maharashtra Finance and Accounts Services Class II" which was put in the pay scale of Rs. 300-715 vide abovereferred resolution. The details of the posts included in each class of service and respective recruitment rules were provided in Annexures A, B, C, D and E to the said Resolution.