Case Note & Summary
The petitioners, Mahadeo Bhau Khilare (Mane), Suresh Dnyaneshwar Sawant, and Shrikrishna Vasant Kulkarni, filed a writ petition challenging the order dated 20th July 2001 of the Maharashtra Administrative Tribunal which rejected their Original Applications. They sought absorption of their service with the State Government in the post of Talathis, Class III, in District Sangli, in accordance with the Government Resolution dated 22nd October 1996. The petitioners contended that they had worked for years as unpaid candidates as assistants to the Talathi, with appointment orders issued by the Tahsildar or Talathi. They argued that under the Government Resolution of 22nd October 1996, which framed a scheme for absorption of unpaid candidates, they were entitled to be absorbed. They had filed Original Application Nos.319 of 1997, 325 of 1997, and 329 of 1997 before the Maharashtra Administrative Tribunal. The Tribunal initially allowed these applications on 29th January 1999, directing the government to implement the scheme. However, the State Government challenged this order in this Court, which set aside the Tribunal's order. Consequently, the Tribunal rejected the petitioners' applications on 20th July 2001. The High Court, in the present judgment, dismissed the writ petition, holding that the petitioners were not appointed by a competent authority and thus had no right to absorption under the Government Resolution.
Headnote
A) Service Law - Absorption - Government Resolution dated 22nd October 1996 - Unpaid Candidates - The petitioners sought absorption as Talathis under a scheme framed by the Government Resolution of 22nd October 1996. The court held that the petitioners were not appointed by a competent authority and thus not entitled to absorption. The Tribunal's earlier order allowing absorption was set aside by the High Court. (Paras 1-3)
Issue of Consideration
Whether the petitioners, who worked as unpaid assistants to Talathis, are entitled to absorption in government service as Talathis under the Government Resolution dated 22nd October 1996.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order of 20th July 2001 rejecting the petitioners' applications.
Law Points
- Absorption of unpaid candidates
- Government Resolution dated 22nd October 1996
- Appointment by competent authority
- Right to absorption
Case Details
2005 LawText (BOM) (02) 385
WRIT PETITION NO.3735 OF 2001
V.G. Palshikar, Smt. Nishita Mhatre
Mrs. Varsha Palav for the Petitioners, Mr. S.R. Nargolkar, Assistant Government Pleader, for the Respondents
Mahadeo Bhau Khilare (Mane), Suresh Dnyaneshwar Sawant, Shrikrishna Vasant Kulkarni
State of Maharashtra, The Secretary, Revenue and Forest Department, State of Maharashtra, The Collector, District Sangli
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Nature of Litigation
Writ Petition challenging order of Maharashtra Administrative Tribunal rejecting Original Applications for absorption as Talathis.
Remedy Sought
The petitioners sought absorption of their service with the State Government in the post of Talathis, Class III, in District Sangli, in accordance with the Government Resolution dated 22nd October 1996.
Filing Reason
The petitioners had worked as unpaid assistants to Talathis and claimed entitlement to absorption under the Government Resolution of 22nd October 1996.
Previous Decisions
The Maharashtra Administrative Tribunal initially allowed the Original Applications on 29th January 1999, directing the government to implement the scheme. This Court set aside that order. The Tribunal then rejected the applications on 20th July 2001.
Issues
Whether the petitioners are entitled to absorption as Talathis under the Government Resolution dated 22nd October 1996.
Submissions/Arguments
The petitioners argued that they had worked for years as unpaid candidates and were entitled to absorption under the Government Resolution of 22nd October 1996.
Ratio Decidendi
The petitioners were not appointed by a competent authority and thus had no right to absorption under the Government Resolution dated 22nd October 1996.
Judgment Excerpts
By this Writ Petition, the Petitioners challenge the order dated 20th July 2001 passed by the Maharashtra Administrative Tribunal rejecting their Original Applications.
The Petitioners seek absorption of their service with the State Government in the post of Talathis, Class III in District Sangli in accordance with the Government Resolution dated 22nd October 1996.
Procedural History
The petitioners filed Original Application Nos.319 of 1997, 325 of 1997, and 329 of 1997 before the Maharashtra Administrative Tribunal. The Tribunal allowed them on 29th January 1999. The State Government filed writ petitions in this Court, which set aside the Tribunal's order. The Tribunal then rejected the applications on 20th July 2001. The petitioners filed the present writ petition challenging that order.
