Case Note & Summary
The petitioner, Ganesh Murlidhar Chaudhari, was appointed as a peon in the Village Panchayat at Nashirabad, Jalgaon on 1st April 1999 and had been serving for over 15 years. The State of Maharashtra issued a circular on 6th April 2005 directing all Zilla Parishads to reserve 10% of Class III and IV posts for Village Panchayat employees who had completed 10 years of service, with age relaxation up to 45 years. The petitioner made representations on 11th February 2011 and 6th April 2011 to the Chief Executive Officer, Zilla Parishad, Jalgaon (Respondent No.4) for inclusion of his name in the seniority list, but his name was only included on 22nd February 2013. Due to this delay, he lost opportunities in 2010, 2011, and 2012. A seniority list published on 3rd March 2014 included his name at Sr. No. 239, but the 2015 list omitted him on the ground that he had crossed 45 years of age. The petitioner sought a writ of mandamus to direct the respondents to include his name in the seniority list and grant him age relaxation. The court held that since the petitioner had completed 10 years of service and his name was belatedly included due to the respondents' negligence, he could not be penalized for the delay. The court allowed the petition, directing the respondents to include the petitioner's name in the seniority list and consider him for promotion with age relaxation as per the circular.
Headnote
A) Service Law - Seniority List - Inclusion of Name - Petitioner appointed as peon in Village Panchayat on 01-04-1999 - His name was included in seniority list on 22-02-2013 but omitted in 2015 list on ground of crossing 45 years age - Held that since petitioner completed 10 years service and his name was belatedly included due to respondents' negligence, he is entitled to age relaxation and inclusion in seniority list (Paras 2-5). B) Service Law - Age Relaxation - Promotion Quota - Circular dated 06-04-2005 of State of Maharashtra reserved 10% quota for Class III and IV posts in Zilla Parishad for Village Panchayat employees completing 10 years service with age relaxation up to 45 years - Petitioner crossed 45 years due to delay in seniority list preparation - Held that petitioner cannot be penalized for respondents' delay and is entitled to age relaxation (Paras 2-5).
Issue of Consideration
Whether the petitioner is entitled to be included in the seniority list and to get age relaxation for promotion to Zilla Parishad posts as per the circular dated 06-04-2005, despite crossing 45 years of age due to delay in inclusion of his name in the seniority list.
Final Decision
The petition is allowed. Rule is made absolute. The respondents are directed to include the petitioner's name in the seniority list and consider him for promotion with age relaxation as per the circular dated 06-04-2005.
Law Points
- Seniority list inclusion
- Age relaxation
- Promotion quota
- Village Panchayat employees
- Zilla Parishad
- Circular dated 06-04-2005
- 10 years service
- 45 years age limit
