RAMESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with consent of parties by issuing Rule and making it returnable forthwith. <PARA> Petitioner presently about 43 years old and a qualified Laboratory Technician in employment of respondent No.3Zilla Parishad incurred disability (low vision) in 2010 while in employment. The extent of disability is 40%.

(2.) Proposal to shift the petitioner to a post equivalent in all respects i.e. Extension Officer (Panchayat) was mooted in 2010 and was submitted to State Government. Record shows that on 12th May, 2015 Office of the Divisional Commissioner, Amravati demanded certain clarification from respondent No.3 and it has been furnished on 19.10.2015. The respondent No.3 has pointed out that post of Extension Officer (Panchayat) in open category is lying vacant for direct recruitment. It is also pointed out that qualifications of petitioner are sufficient to enable him to occupy that post. The Chief Executive Officer has expressly mentioned that a post of Extension Officer (Agriculture), Extension Officer (Health) and Extension Officer (Education) cannot be given to petitioner, as he lacks qualification.

(3.) It appears that the post actually fell vacant in March 2015. After the post fell vacant as permission from Government was taking time, the respondent No.3Chief Executive Officer, in the interest of administration found it essential to proceed further with direct recruitment and issued public advertisement. The petitioner has at that juncture approached this Court. This Court has issued notice and granted rule on stay on 3rd December, 2015.