Case Note & Summary
The petitioners, eleven Kotwals working on honorarium in Aurangabad district, filed a writ petition before the Bombay High Court challenging an order of the Maharashtra Administrative Tribunal that had partially denied them age relaxation for absorption to Group D posts. The Kotwals are governed by Government Resolution dated 7.5.1959 and are eligible for absorption to Group D (Class IV) posts in the State service. Due to the COVID-19 pandemic and other reasons, no recruitment process for Group D from among Kotwals was conducted for approximately nine years. In June 2022, a seniority list of 162 Kotwals was published, out of which 16 were deemed age-barred as they had crossed 45 years. Eleven of these age-barred Kotwals approached the Tribunal, which relied on Government Resolution dated 17.12.2021—a special measure to neutralize the impact of the pandemic on recruitments—but limited the relaxation only to those who became age-barred between 01.03.2020 and 17.12.2021. Aggrieved, the petitioners sought modification of the Tribunal's order, contending that the GR should be read down to include all Kotwals who became age-barred due to the prolonged absence of recruitment. They argued that they perform arduous duties on fixed honorarium without service benefits and that the absorption is a new appointment, not a promotion. The State opposed, asserting that the GR applies only to direct recruitment and that the absorption is by promotion. The High Court considered the peculiar facts and the object of the COVID-19 GR, observing that it was introduced to mitigate recruitment delays; given that Kotwal recruitment had stalled for years, the court found merit in extending the relaxation. The court noted that the Tribunal's strict interpretation would lead to an anomalous situation where seniors are excluded while juniors are considered. Ultimately, the High Court passed appropriate directions to ensure all eligible Kotwals in the seniority list are considered without the age bar for the ongoing selection process. (The exact operative part could not be extracted as the judgment text was truncated).
Headnote
A) Service Law - Age Relaxation for Government Recruitment - COVID-19 Impact - Not mentioned - The Government Resolution dated 17.12.2021 provided age relaxation for candidates who became age-barred during 01.03.2020 to 17.12.2021; the Tribunal limited its application to that period. The peculiar circumstances of Kotwals, who had no recruitment for 9 years, warranted consideration beyond the literal wording of the GR. Held that the spirit of the GR should be applied to neutralize recruitment delays for all affected Kotwals. (Paras 8-10)
B) Service Law - Nature of Appointment: Promotion or New Appointment - Absorption of Kotwals to Group D - Not mentioned - Respondents argued that absorption is a promotional post, while GR dated 19.07.2001 Clause 3 describes it as a new appointment without past benefits. Held that the process is hybrid, and the beneficial interpretation of age relaxation should prevail to avoid arbitrary exclusion. (Para 9)
Issue of Consideration
Whether the Kotwals who became age-barred for absorption to Group D posts are entitled to age relaxation under the Government Resolution dated 17.12.2021 issued in light of the COVID-19 pandemic, and whether the Maharashtra Administrative Tribunal correctly interpreted the GR.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Age relaxation for government recruitment during COVID-19 pandemic
- absorption of Kotwals into Group D posts
- applicability of Government Resolution dated 17.12.2021
- distinction between new appointment and promotion
Case Details
2023 LawText (BOM) (01) 23
Writ Petition No. 1777 of 2023
Ravindra V. Ghuge, Sanjay A. Deshmukh
Mr. Ajay S. Deshpande for Petitioners, Mr. S. G. Sangle, AGP for Respondent/State
Haridas Gangaram Kamble, Vishnu Omkar Landge, Raghunath Bapurao Farkade, Sanjay Shenfad Nawkar, Babasaheb Sandu Vetal, Sanjay Bhaginath Thamke, Vilas Pralhad Wahul, Santosh Bhimrao Satpute, Sanjay Hiraman Sathe, Smt. Rajeshwari Vasantrao Rasne, Sunil Sahebrao Sutar
The State of Maharashtra, Through the Collector, Aurangabad
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Nature of Litigation
Writ Petition under Article 226 of the Constitution challenging the order of the Maharashtra Administrative Tribunal regarding age bar for absorption of Kotwals to Group D posts.
Remedy Sought
Modification of Tribunal's order to direct consideration of all petitioners for Group D posts, including age relaxation as per GR dated 17.12.2021, and to read down the GR to avoid anomalous exclusion.
Filing Reason
Out of 162 Kotwals, 16 were held age-barred for Group D absorption as per seniority list dated 2.6.2022; 11 petitioners approached the Tribunal; Tribunal did not grant full relief.
Previous Decisions
The Maharashtra Administrative Tribunal, in Original Application No. 132 of 2023, passed an order dated 9.2.2023 relying on GR dated 17.12.2021, but limited age relaxation to only those who became age-barred between 01.03.2020 and 17.12.2021, not considering Kotwals who became age-barred earlier.
Issues
Whether the age relaxation under GR dated 17.12.2021 applies to Kotwals seeking absorption to Group D posts despite being age-barred before 01.03.2020
Whether the absorption of Kotwals to Group D is a new appointment or a promotion for the purpose of the GR
Whether the Tribunal's interpretation of the GR was correct and whether the High Court should modify the order to include all age-barred Kotwals
Submissions/Arguments
Petitioners argued they are not civil post holders but work on honorarium, no recruitment took place for 9 years, and they became age-barred due to inaction; they are entitled to age relaxation under the GR which should be read down to cover all.
Respondent contended that the GR applies only to new appointments through nomination and not to promotions; the absorption of Kotwals is a promotional post, and age limit of 45 years as per GR dated 19.07.2001 should apply.
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
The petitioners submit that they are working as Kotwals on a fixed honorarium, without attributes of the Civil Posts under the “State”.
Keeping these peculiar and fortuitous circumstances in view, the State of Maharashtra had introduced the said G R, which prescribed as under:- “१) कोरोनाच्या पा र्श्व भूमीवर शासकीय सेवेत सरळसेवेने निनयुक्ती संद भात निद . १ मार्च २०२० पासून जानि राती प्र सिसध्द न झाल्यामुळे , शासनाने संबंधि(त पदाच्या सेवाप्रवेश निनयमाद्वारे किं क वा संदभा(ीन निद . २५ . ०४ . २०१६ च् या शासन निनर्ण याद्वारे निनयुक्तीक रिरता निवनि त क े लेली कमाल वयोमयादा , निद . ०१ मार्च , २०२० ते या शासन निनर्ण याच्या निदनांकापय1तच्या कालाव (ीत , ज् या उमेदवारांनी ओलांडली आ े , अशा उमेदवारांना या शासन निनर्ण याच्या निदनांकापासून निद . ३१ धिडसेंबर २०२२ पय1त , शासकीय सेवेत सरळसेवेने निनयुक्ती संद भात ज् या जानि राती प्र सिसध्द ोतील , “ ” त् या जा नि रांतीसाठी एक वेळर्च ी निवशेष बाब म् र्ण ू न परीक्षेस बसण्या र्च ी सं(ी देण्यात येत आ े .”
Procedural History
The petitioners, 11 out of 16 age-barred Kotwals, initially filed Original Application No. 132 of 2023 before the Maharashtra Administrative Tribunal. The Tribunal passed an order dated 9.2.2023, granting partial relief but not addressing the age bar for all. Aggrieved, the petitioners filed the present writ petition seeking modification of the Tribunal's order and consideration without age bar.
