SHRINIVAS GOVIND SAMANT Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the Petitioners who are working in the offices of the various courts in District Kolhapur, which are under control and supervision of the District Judge, Kolhapur, are seeking cancellation and/or revocation of the orders of recovery, both dated 12.2.1996, Exhs. 'S' and T' to the petition and the order passed on the representation of the petitioners dated 21.8.1996 and 18.9.1996 at Exhs. V and Y' to the petition. Consequently, the petitioners have prayed for such relief as they would be entitled to if the main reliefs as prayed for by them are granted.

(2.) The factual matrix involved in the above petition is stated thus:

(3.) It appears that the State Government thereafter by resolution dated 11th November, 1983 issued guide-lines for the filling up the posts of Marathi typists. The said resolution inter alia stipulated the eligibility of the candidates who could be appointed in the post of Marathi typist. Clause 2(3) of the said Resolution states that on and from the date of the said Resolution, the said post of Marathi typists should be filled only by a person knowing Marathi typing. By way of Clause 2(4) of the said Resolution it was specified that in the event it is necessary to appoint English typist on the said posts, the prior sanction of the concerned department of the respondent No. 1 should be obtained and that under no circumstances such appointments can be made without such prior sanction. Clause 3 of the said Resolution states that if such prior permission was not obtained, the concerned officer would be made responsible for disobeying the orders. Insofar as the present petitioners are concerned, the prior sanction or permission as contemplated under Clause 2(4) has not been obtained. Thereafter, the Government issued another Government Resolution dated 24.6.1985, lying down guide-lines with a view to enable the candidates to pass the Marathi typing examination conducted by the Respondent No. 5. It is mentioned in the said G.R. that the persons who pass the said examination would be entitled to claim the incentives as mentioned in the earlier G.R. dated 16.6.1981 and 12.8.1982. The said G.R. was followed by another G.R. dated 5.7.1986, which reiterated what was stated in the earlier G.R. dated 24.6.1985. The State Government issued a circular dated 5.7.1987 by which circular the English typist cum-clerks were held eligible to appear for Marathi typing examination and could have the benefits of the G.R. dated 12.8.1982. Thereafter a turn around came inasmuch as by G.R. dated 10.7.1989, the respondent No. 5 for the first time directed that the English typists recruited after 11.11.1983 should not be allowed to appear for the said examination.