Case Note & Summary
The petitioners, Vijay Dinkar Wagh, Dnyandeo Pandharinath Bendale, and Bhagwat Ramkrushna Zope, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. They sought directions to the respondents, including the State of Maharashtra, the District Collector, and the Zilla Parishad Jalgaon, to include their names in the seniority list of employees of the Village Panchayat to be appointed in Class-III and Class-IV cadre of the Zilla Parishad under the 10% reservation quota for Village Panchayat employees, and to issue appointment orders accordingly. The petitioners were employed as Clerk, Water Supply Employee, and Peon in their respective Village Panchayats and claimed eligibility for absorption as Multi-Purpose Worker (Aarogya Sevak) or Assistant Junior Engineer. The court, after hearing the parties, found that the petitioners had not established any legal right to absorption. The seniority list relied upon was not finalized, and no vacancies were identified for absorption. The court held that the writ petition was premature and dismissed it, leaving the petitioners to pursue appropriate remedies if and when vacancies arise and a final seniority list is prepared.
Headnote
A) Service Law - Absorption - 10% Reservation Quota - Village Panchayat Employees to Zilla Parishad - Petitioners sought direction for inclusion in seniority list and appointment orders under 10% quota for absorption from Village Panchayat to Zilla Parishad - Court held that the petitioners failed to establish any legal right as the seniority list was not finalized and no vacancies were identified - Held that the writ petition was premature and dismissed (Paras 1-10).
Issue of Consideration
Whether the petitioners, who are employees of Village Panchayats, have a legal right to be absorbed in the employment of Zilla Parishad under the 10% reservation quota and whether the court can direct the respondents to include their names in the seniority list and issue appointment orders.
Final Decision
The writ petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Absorption from Village Panchayat to Zilla Parishad
- 10% reservation quota
- seniority list
- legal right to appointment
- Article 226 of Constitution of India
Case Details
WRIT PETITION NO.8289 OF 2019
R. G. Avachat, Abasaheb D. Shinde
Mr. B. P. Kedar for Petitioners, Ms. R. P. Gour for Respondent Nos. 1 & 2, Mr. Maheshkumar Sonawane for Respondent No.3
Vijay s/o Dinkar Wagh, Dnyandeo s/o Pandharinath Bendale, Bhagwat s/o Ramkrushna Zope
The State of Maharashtra, The District Collector Jalgaon, The Zilla Parishad Jalgaon
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction for absorption from Village Panchayat to Zilla Parishad under 10% reservation quota.
Remedy Sought
Petitioners sought direction to include their names in the seniority list of employees of Village Panchayat to be appointed in Class-III and Class-IV cadre of Zilla Parishad and to issue appointment orders accordingly.
Filing Reason
Petitioners claimed they were eligible for absorption under the 10% quota but their names were not included in the seniority list and no appointment orders were issued.
Issues
Whether the petitioners have a legal right to be absorbed in the employment of Zilla Parishad under the 10% reservation quota.
Whether the court can direct the respondents to include the petitioners' names in the seniority list and issue appointment orders.
Submissions/Arguments
Petitioners argued that they are working on different posts in Village Panchayats and are eligible for absorption under the 10% quota, and that their names should be included in the seniority list.
Respondents contended that the seniority list was not finalized and no vacancies were identified for absorption, and the petition was premature.
Ratio Decidendi
The petitioners failed to establish any legal right to absorption as the seniority list was not finalized and no vacancies were identified. The writ petition was premature and dismissed.
Judgment Excerpts
By this Writ Petition, under Article 226 of the Constitution of India, the petitioners who are aspirants for being absorbed in the employment of Respondent No.3-Zilla Parishad Jalgaon from 10% reservation quota for the Village Panchayat employment are seeking direction that the names of the Petitioners be included in the seniority list of the employees of the Village Panchayat to be appointed in Class-III and Class-IV cadre of Respondent No.3-Zilla Parishad till their appointment in the said cadre of Zilla Parisahd as well as to give appointment orders to the Petitioners accordingly.
Procedural History
The writ petition was filed in 2019. It was heard finally with consent of parties. Judgment reserved on October 10, 2025 and pronounced on November 10, 2025.
Acts & Sections
- Constitution of India: Article 226
