Case Note & Summary
The petitioner, Shri Kashinath Yashwant Gavit, was employed as a Muster Assistant under the Employment Guarantee Scheme in Nashik District from 27th January 1988 to 25th May 1993, and again from 3rd June 1993 onwards. The State Government issued a Government Resolution on 1st December 1995 providing for absorption of Muster Assistants who were in service on 31st May 1993, based on seniority. The petitioner's name was initially included in the seniority list but later removed on the ground that he was not working on the cut-off date of 31st May 1993. The petitioner contended that the gap in his service was due to the employer not providing work, and he should not be penalized for it. He sought restoration of his name in the seniority list and consideration for absorption. The respondents, including the State of Maharashtra and the Zilla Parishad, filed an affidavit accepting that the petitioner did work during the periods mentioned. The court observed that the petitioner had worked before and after the cut-off date, and the interruption was not his fault. The court allowed the petition, directing the respondents to restore the petitioner's name in the seniority list and consider him for absorption as per the Government Resolution when his turn arises.
Headnote
A) Service Law - Employment Guarantee Scheme - Muster Assistants - Seniority List - Cut-off Date - The petitioner, a Muster Assistant, worked from 27th January 1988 to 25th May 1993 and thereafter from 3rd June 1993 onwards. His name was removed from the seniority list because he was not working on 31st May 1993, the cut-off date under Government Resolution dated 1st December 1995. The court held that the petitioner cannot be penalized for the gap in service caused by the employer's failure to provide work under the Employment Guarantee Scheme. The removal was unjustified and the petitioner's name must be restored in the seniority list. (Paras 1-5)
Issue of Consideration
Whether the petitioner's name was rightly removed from the seniority list of Muster Assistants on the ground that he was not working on the cut-off date of 31st May 1993, when the interruption was due to non-provision of work under the Employment Guarantee Scheme.
Final Decision
The court allowed the petition, directing the respondents to restore the petitioner's name in the seniority list of Muster Assistants and to consider him for absorption as per the Government Resolution dated 1st December 1995 when his turn arises.
Law Points
- Employment Guarantee Scheme
- Muster Assistant
- seniority list
- absorption
- Government Resolution
- cut-off date
- continuous service
- interruption due to lack of work
- beneficial interpretation
