SUNANDA SOMA NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the petitions are filed under Articles 226, 14 and 16 of the Constitution of India and also under the provisions of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961 and the Rules for recruitment framed thereunder. Declaration is claimed that the Government Resolution (hereinafter referred to as 'GR' for short) dated 5.12.2012 issued to amend the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 to the extent of petitioners needs to be stuck down as it is in violation of Articles 14 and 16 of the Constitution of India and it has violated the rights given to the petitioners. The relief is claimed for giving directions to the respondent/State and Zilla Parishads to see that promotions are given to the petitioners to the post mentioned in the aforesaid GR as per the seniority. Both the sides are heard. There was intervention application bearing Civil Application No. 2587/2014 in Writ Petition No. 6656/2013 and that is also being decided in the present matter.

(2.) The petitioners are ladies and on the date of petitions, they were working on the post of Health Assistant in Zilla Parishads. It is their contention that they entered in service as Nurse Midwife (in short 'NM'). It is the contention of the petitioners that there were Health Workers with Zilla Parishads like Nurse Midwife, Lady Health Visitor (in short 'LHV') and Male Health Assistant (in short 'Male HA'). It is contended that subsequently, the cadre of LHV came to be merged in the cadre of Health Assistant (Ladies) and the cadre of NM was also merged in the cadre of Health Assistant (Ladies). It is the case of petitioners that as per service rendered by them and as per the eligibility conditions for getting the post of NM, they were senior to LHV and accordingly, they were shown as seniors to LHV when common seniority list of Health Assistant (Ladies) was prepared.

(3.) It is the case of petitioners that in the GR under challenge of the year 2012, promotional avenue is created to Health Assistant (Ladies), who were initially appointed as LHV and the petitioners, who had joined service as NM are not shown in the GR and they are excluded. It is contended that the new post, the post of Health Supervisor is shown as promotional post and so, they are entitled to be considered for the said post on the basis of their seniority. It is contended that in the past, even when LHV were not having necessary qualification, they were not satisfying eligibility conditions, the Government created one cadre for NM and LHV and that was of Health Assistant (Ladies) and now the petitioners are being discriminated by not giving them promotion to the post of Health Supervisor. It is contended that the new policy mentioned in the GR of 2012 has no reasonable basis and there is no rational behind excluding the petitioners from the said GR. The GR is issued to amend the Recruitment Rules for the post of Health Supervisor.