Case Note & Summary
The petitioners, Sushil Chokhaji Bambole and Tara Mukunda Choudhari, were employees of Zilla Parishad, Chandrapur. Petitioner No.1 was appointed as Senior Assistant on 03-11-2004 and later promoted to Superintendent on 21-7-2009. Petitioner No.2 was appointed as Senior Assistant on 30-9-2003 and promoted on 28-2-2008. Both were subsequently promoted to the post of Junior Administrative Officer. On 31-3-2017, the State Government issued a Government Resolution regarding fixation of seniority list as per the Maharashtra Zilla Parishads District Service (Post Recruitment Examination) Rules, 1985. However, the petitioners were appointed after 2000 and were governed by the Rules of 1999. The seniority list published under the G.R. of 2017 showed the petitioners at Sr. Nos. 244 and 214 respectively. On 07-4-2018, a seniority list for the post of Junior Administrative Officer was prepared, and based on that, the Chief Executive Officer of Zilla Parishad, Chandrapur, passed an order on 06-7-2018 reverting the petitioners from Junior Administrative Officer to Senior Assistant. The petitioners challenged this reversion order in the High Court. The court found that the seniority list was not prepared in accordance with the Rules of 1985 and that the reversion was without any opportunity of hearing. The court held that the Government Resolution of 2017 could not override the statutory rules. Consequently, the court quashed the reversion order and directed that the petitioners be reinstated to the post of Junior Administrative Officer with continuity of service and consequential benefits.
Headnote
A) Service Law - Seniority Fixation - Reversion - Maharashtra Zilla Parishads District Service (Post Recruitment Examination) Rules, 1985 - The petitioners were appointed after 2000 and governed by the Rules of 1999, but the seniority list was prepared under a Government Resolution of 2017 which was not in conformity with the Rules of 1985. The court held that the reversion based on such erroneous seniority list was illegal and set aside the order of reversion. (Paras 3-10) B) Service Law - Natural Justice - Reversion without Hearing - The reversion order was passed without giving any opportunity of hearing to the petitioners, which violated principles of natural justice. The court held that such an order cannot be sustained. (Paras 3-10) C) Service Law - Government Resolution - Statutory Rules - A Government Resolution cannot override statutory rules. The seniority list prepared under the G.R. of 2017 was contrary to the Rules of 1985 and hence invalid. (Paras 3-10)
Issue of Consideration
Whether the reversion of the petitioners from the post of Junior Administrative Officer to Senior Assistant based on a seniority list prepared under a Government Resolution of 2017 is valid when the petitioners were governed by the Rules of 1999 and the seniority list was not in accordance with the Maharashtra Zilla Parishads District Service (Post Recruitment Examination) Rules, 1985.
Final Decision
The court allowed the writ petition, quashed the reversion order dated 06-7-2018, and directed the respondents to reinstate the petitioners to the post of Junior Administrative Officer with continuity of service and consequential benefits.
Law Points
- Seniority fixation must be in accordance with recruitment rules
- Reversion without opportunity of hearing is illegal
- Government resolution cannot override statutory rules
