BALASAHEB CHANDRARAO MORE Vs. SURESH KISANRAO PORJE

JUDGEMENT

(1.) By both these petitions, the same order passed by the Maharashtra Administrative Tribunal is challenged and therefore, both these petitions can be conveniently disposed of by a common order.

(2.) The facts that are relevant and material for deciding these two petitions are that by the order of the Maharashtra Administrative Tribunal which is impugned in the petitions, the Maharashtra Administrative Tribunal has decided three original applications i.e. original Application No. 861 of 2005, 908 of 2005 and 159 of 2006. These three original applications were filed by the Agricultural Officers who were appointed on the recommendations of the Maharashtra Public Service Commission as per the recruitment rules. In these three original applications they challenged the Government Resolution issued by the Government of Maharashtra dated 23.9.2005, 26.9.2005 and 27.9.2005. By the Government Resolution dated 23.9.2005 issued under Article 162 of the Constitution of India the services of 755 persons who were appointed as Agricultural Officers came to be regularised from the date of their initial appointment. By the Government Resolution dated 26.9.2005 a final seniority list of the officers holding the post of agricultural officer was published which included names of these 755 agricultural officers. By the Government resolution dated 27.9.2005, 142 out of these 755 Agricultural Officers were promoted to the higher post on the basis of list dated 26.9.2005. In short, in these three original applications, the action of the State Government regularising the services of 755 Agricultural Officers, giving them seniority over the Agricultural Officers who were appointed on recommendation of the Maharashtra Public Service Commission and promoting them to the higher post was challenged.

(3.) The Government of Maharashtra framed rules viz. "Agricultural Officers (Class III) (Recruitment) Rules 1980" (hereinafter referred to as "1980 Rules") governing the recruitment to the post of agricultural officer (Class III). These Rules provided for filling in 50% of the posts of Agricultural Officers (Class III) by direct recruitment of the candidates who are selected by the selection board after advertisement in the Official Gazette and it also provides for filling in 50% posts by promotion of departmental candidates. The Government of Maharashtra issued resolution dated 28.8.1981. By that resolution the post of Agricultural Officer was given Gazetted status with effect from 1.5.1981. The consequence was that the personnel who were holding the post of Agricultural Officer (Class III) on and from 1.5.1981 became Gazetted Officers. The other consequence was that now because of the regulation framed by the State Government under Article 320 of the constitution of India appointment on regular basis to the post of agricultural officer could be made only on the recommendation of Maharashtra Public Service Commission.