VITHAL DHANAJI SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India, is concerning the appointment to the posts of Gram sevaks under Zilla Parishads in the State of Maharashtra, which were to be made under the Government Resolution dated 6/06/2001 on contract basis. The petitioners herein are Graduates in Agriculture [ (B. Sc.)Agri. ] and their principal grievance in this petition is that although the-Graduates are also eligible for being considered to the post of Gram Sevak under this Resolution, their names were not called from the Employment exchange, nor was an appropriate advertisement inviting applications issued in the newspapers. Although the petition seeks to challenge the government Resolution dated 6/06/2001, the learned counsel for the petitioners, during the course of arguments in Court, has confined his submissions principally to the above contentions and sought appropriate reliefs.

(2.) IN the petition, as it was filed the State of Maharashtra through deputy Secretary Rural Development Department was joined as respondent No. 1 and four Zilla Parishads of Ahmednagar, Satara, Parbhani and aurangabad were joined as respondents No 2 to 5. This petition came up for consideration before another Division Bench on 6/09/2001 when leave was sought to add all Zilla Parishads in the State as party respondents and the same was granted. The court issued notice before admission and passed an interim order as under: "respondent No. l and all Zilla Parishads in the state are directed not to give appointments on contract basis on the posts of Gram Sevaks to the candidates, who might have been selected in pursuance of the Government Resolution dated 6/06/2001 till further orders. " the Court directed the learned Assistant Government pleader to communicate the said order to the concerned Department and also to all the zilla Parishads in the State. The petition was subsequently admitted on 1st February 2002 and the interim relief granted was continued. Thereafter, all the respondents, except Sangli Zilla Parishad, have been served. As far as Zilla Parishad Sangli is concerned, an affidavit has been affirmed by the petitioner that the Office of the Court of the Civil Judge, senior Division, Sangli, had assured for effecting service on the said Zilla parishad although acknowledgment is not received as yet. It is, however, necessary to note that all Zilla Parishads, including this Sangli zilla Parishad, were served with notice before admission.

(3.) MR. M. Y. Deshmukh, learned counsel, has appeared for the petitioner Mr, E. P. Sawant, learned Government Pleader and Mr. Phatake, learned Assistant Government Pleader, have appeared for respondent no. l. From amongst various Zilla Parishads, Mr. D. R. Irale Patil, learned counsel, has appeared for Aurangabad and Yavatmal Zilla Parishads. Mr. V. S. Panpatte, learned counsel, has appeared for Zilla Parishad, Nanded. Mr. R. B. Raghuwanshi, learned counsel, has appeared for Dhule Zilla parishad, Mr. S. T. Shelke, learned counsel, has appeared for Ahmednagar zilla Parishad and Mr. K. J. Ghute-Patil learned counsel, has appeared for Osmanabad Zilla Parishad.