SUMANBAI BHAURAO SHINDE Vs. MARATHWADA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) HEARD learned counsel for the parties. Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties, the petition is taken up for final disposal.

(2.) THE petitioner retrenched worker of the respondent by this petition is praying for directing the respondent to consider her claim for absorption as permanent employee on available Class -IV post with the respondent.

(3.) THE learned counsel appearing for the respondent - University opposed the claim by contending that though the respondent University is not disputing the fact that the petitioner is a project affected person, she is not entitled for absorption as she has crossed age limit of 45 years as prescribed by Government resolution dated3.2.2007. The learned counsel further argued that as per seniority list of the retrenched employee, serial number of the petitioner is 871, whereas she is at Sr.No.56 in the seniority list of project affected person's category. Several seniors to the petitioner are not yet absorbed. The learned counsel further pointed out that on 26.8.2009, an advertisement was issued by the respondent University for filling up various posts including the post of Majdoor / labourer from project affected person's category but the State Government vide Government resolution dated 5.6.2010 has imposed ban on recruitment of persons in group C and D categories. As such no recruitment was taken up as per the said advertisement. It is further contended that as per Government resolution dated 27.10.2009, employment to project affected person cannot be given without advertisement and competition. The State Government has issued a circular dated 25.8.2005 directing ban on back door entry and, therefore, the respondent University is employing the candidates by advertisement of posts.