ABDUL SALEEM SIDDIQUI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE writ petitioner in Writ Petition No. 4778/ 2003, so also, respondent nos. 4 and 5 are in the employment of the Zilla parishad, Aurangabad. The petitioners, so also, the respondent nos. 4 and 5 came to be appointed in the post of 'assistant to Junior Enginner' in the year 1990. In the year 1990, in all 28 persons were selected for being appointed in the post of 'assistant to Junior Engineer', under order dated 1-3-1990. Under the said order dated 1-3-1990, 28 candidates were issued appointment orders and they were directed to resume the duties within a period of 7 days. Out of the said 28 candidates only 18 persons joined the service and the said appointments were under 'jawahar Rojgar Yojana'. By passage of time, the posts under "jawahar Rojgar Yojana, came to be abolished by the Government as the said scheme was wound up, consequent upon stoppage of release of grants by the Central Government. In the year 1999, the Government took a decision to absorb, such of the persons who were working under 'jawahar Rojgar Yojana', in the sanctioned posts on regular establishment/cadre strength of the Zilla parishads. The eighteen persons who had joined employment pursuant to the orders of appointment dated 1-3-1990, came to be regularized in the regular establishment of Zilla Parishad, Ajirangabad, on 7-11-2000. In Writ Petition No. 4778/2003, two questions are raised : (i) What should be the criteria for determination of the inter se seniority of the said eighteen persons who were appointed under order dated 1-3-1990 and (ii) as to what is the eligibility criteria for the purpose of promotion from the post of Assistant to Junior Engineer to the promotional post of junior Engineer. The second question is also germane and is required to be adjudicated in Writ Petition No. 5182/2003.

(2.) THE petitioner in Writ Petition No. 4778/2003 has challenged the final seniority list dated 1-1-2002 prepared by the Additional Chief Executive Officer, Zilla Parishad, Aurangabad. In the said petition, three persons have moved applications for impleading them as party/respondents. The said applications are allowed by this Court and as a result, one shri K. S. Bhosale and Shri D. M. Phulari are impleaded. as party/respondents. The third applicant who moved an intervention application and prayed for impleading as party/respondent in the said petition, by name, Shri A. G. Shakhawar, who is at serial no. 29 in the seniority list, categorically states that he is not pressing the intervention and is not objecting to the placement of his name at serial no. 29 in the said seniority list. In this view of the matter, no adjudication is required to be made so far as the candidate at serial no. 29 in the seniority list is concerned, namely, Shri A. G. Shakhawar.

(3.) THE candidates who came to be appointed in the post of Assistant to Junior Engineer under orders dated 1-3-1990 joined the said post on different dates, though within the period stipulated. The submission of the petitioner is that the inter se seniority amongst the appointees who were appointed under one order ought to be on the basis of date of actual joining of post; whereas the respondents contend that the same cannot be so and under the rules, they claim that the seniority has to be on the basis of the rank of respective candidates in order of preference as indicated in the order of appointment.