DILIP HARIBHAU WAKCHAWARE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) BY the present petition, the petitioner is challeng ing an order dated 16-8-2002 passed by Additional Commissioner, Nagpur division, Nagpur.

(2.) THE petitioner was appointed on 10th of July, 1990 and was subse quently promoted and presently holding the post of Live Stock Supervisor zilla Parishad, Bhandara. The provisions of Zilla Parishad District Service post Recruitment Examination Rules, 1985 (hereinafter referred to as 'the said Rules') as amended by Zilla Parishad District Service Post Recruitment Examination (Amendment) Rules, 1999 governs the issue of seniority and promotion of the employees of Panchayat Samiti. Thus, the petitioner as well as respondents Nos. 4 to 8 are governed by the said Rules.

(3.) AN unamended Rule 4 of the said Rules inter alia provided for post recruitment examination. Thus every employee after being selected as Zilla parishad employee required to pass the said qualifying examination as provided under the Rules. Under an unamended Rule it was provided that every employee appointed after the appointed date shall be required to pass the examination within three chances and within a period of four years. Under sub-rule (3) of unamended Rule 5 it was provided that if an employee fails to pass the examination within the prescribed period and number of chances provided thereunder then his services were liable to be terminated. The said unamended Rules 4 and 5 of the said 1985 Rules reads as under -