Case Note & Summary
The petitioner, Suryakant s/o Chandulal Koturkar, was appointed as an Attendant under the Freedom Fighters' Quota as a nominee of a Freedom Fighter, vide appointment order dated 13.2.1986. He was never selected or appointed against a post reserved for the Other Backward Class (OBC) caste 'Shimpi'. Subsequently, the Zilla Parishad, Jalna issued a notice stating that his appointment would be treated as being for 11 months on a supernumerary post as he had not submitted his Validity Certificate for OBC category. The petitioner challenged this notice by filing a writ petition. The High Court initially issued notice and later, on 19.1.2023, granted a last opportunity to the Zilla Parishad to produce any document indicating that the petitioner had applied for a reserved post. The Zilla Parishad failed to produce any such document. The Court observed that the appointment order dated 13.2.1986 clearly indicated that the petitioner was appointed temporarily on the post of peon, District Services Class IV, with no mention of any reserved category. The Court held that the employer cannot unilaterally reclassify the appointment without evidence. The petition was allowed, and the impugned notice was quashed. The Court directed that the petitioner's appointment shall be treated as under the Freedom Fighters' Quota and not against any reserved category post.
Headnote
A) Service Law - Appointment under Freedom Fighters' Quota - Reclassification as Reserved Category Post - The petitioner was appointed as an Attendant under the Freedom Fighters' Quota as a nominee of a Freedom Fighter. The Zilla Parishad sought to treat his appointment as being for 11 months on a supernumerary post due to non-submission of a Validity Certificate for OBC category. The Court held that since the appointment order dated 13.2.1986 did not mention any reserved category, the employer cannot unilaterally reclassify the appointment without evidence. (Paras 1-4) B) Evidence - Burden of Proof - Reserved Category Appointment - The Court granted last opportunity to the Zilla Parishad to produce documentary evidence showing that the petitioner applied for and was selected against a reserved post. The Zilla Parishad failed to produce any such document. Held that the burden lies on the employer to prove that the appointment was against a reserved post. (Paras 2-4)
Issue of Consideration
Whether the petitioner's appointment under the Freedom Fighters' Quota can be treated as an appointment against a post reserved for Other Backward Class (OBC) category, and whether the Zilla Parishad can unilaterally reclassify the appointment without any documentary evidence.
Final Decision
The writ petition is allowed. The impugned notice is quashed. The petitioner's appointment shall be treated as under the Freedom Fighters' Quota and not against any reserved category post.
Law Points
- Freedom Fighters' Quota appointment
- reserved category post
- burden of proof on employer
- validity certificate
- supernumerary post
