Case Note & Summary
Background: The petitioner, serving as a clerk in a Village Panchayat since 1987, sought absorption into the Zilla Parishad service. The Zilla Parishad prepared seniority lists annually for absorbing 10% of Village Panchayat employees into Class III and IV posts. The petitioner alleged that despite his seniority, juniors were absorbed, and age limit was relaxed for others but not for him. Facts: The seniority list showed the petitioner at serial number 149. Candidates at serial numbers 166, 172, 359, and 448 were absorbed into Zilla Parishad, superseding his claim. The prescribed upper age limit for absorption was 45 years, but employees who had crossed that age were absorbed after relaxation. The petitioner requested directions for his absorption with age relaxation. The respondent Zilla Parishad did not file a reply, despite being granted last opportunity, thereby leaving the petition's grounds uncontroverted. Legal Issues: Whether the denial of absorption violated the petitioner's right to non-discriminatory treatment in service matters, and whether the age relaxation granted to others justified a similar relaxation for him. Arguments: The petitioner argued that his seniority was ignored and juniors were promoted, constituting discrimination. He contended that since age relaxation was given to others, he too should receive it. Respondent No.4 did not contest these averments. Court's Analysis: On perusal of the seniority list and appointment orders, the court found that the petitioner's claim was wrongly denied and he was discriminated against without justifiable reason. The failure to file a reply meant the pleadings remained uncontroverted. The court concluded no impediment existed to grant relief. Decision: The writ petition was allowed. Respondent No.4 was directed to issue an order of absorption of the petitioner in Class III cadre, granting age relaxation, within three months. It was further directed to settle the petitioner's seniority and extend all admissible benefits. Rule made absolute with no costs. The decision primarily favored the petitioner, correcting a service discrimination.
Headnote
A) Service Law - Absorption/Promotion - Discrimination in Absorption - Relaxation of Age - Court directed absorption of petitioner in Class III cadre with relaxation of age, holding that supersession of senior claim without justifiable reason amounts to discrimination; respondent failed to controvert pleadings (Paras 3-7).
Issue of Consideration
Whether the petitioner, being senior in the seniority list, was entitled to absorption in a Class III post in Zilla Parishad with relaxation of age, given that juniors were absorbed superseding his claim without justifiable reason
Final Decision
Petition allowed. Respondent No.4 directed to issue an order of absorption of the petitioner in Class III cadre in Zilla Parishad by granting relaxation of age, within three months. Respondent No.4 also directed to settle the petitioner's claim regarding appropriate placement in the seniority list and extend all benefits admissible. Rule made absolute. No order as to costs.
Law Points
- Legal points not extracted
- Discrimination in promotion violates service law principles
- Seniority must be respected in absorption
- Age relaxation can be granted if similarly placed candidates were given benefit
Case Details
2026 LawText (BOM) (05) 161
Writ Petition No. 11799 of 2015
S.S. Shinde, Sangitrao S. Patil
H.P. Kshirsagar for petitioner; Mrs. M.A. Deshpande for Respondent Nos. 1 to 3; Ms. C.R. Chaudhary (Kutti) for Respondent No.4
The State of Maharashtra, Through Secretary Village Development; The Commissioner Nashik Division; The District Collector Jalgaon; Zilla Parishad Jalgaon (through CEO); District Health Officer Zilla Parishad
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging denial of absorption from Village Panchayat to Zilla Parishad service based on seniority.
Remedy Sought
The petitioner sought a direction to Zilla Parishad to consider his claim for appointment on a Class III post by relaxing the age criterion and to absorb him in service.
Filing Reason
The petitioner claimed that despite being senior in the seniority list prepared for absorption of Village Panchayat employees into Zilla Parishad, juniors were absorbed superseding his claim, and he was discriminated against without justifiable reason.
Previous Decisions
None; the petition was heard for the first time.
Issues
Whether the petitioner's claim for absorption in Zilla Parishad was wrongly denied despite his seniority, and whether he is entitled to absorption with age relaxation given that juniors were absorbed and age relaxation was granted to others.
Submissions/Arguments
Petitioner contended that he was senior as per the seniority list (Sr. No. 149) and that candidates at Sr. Nos. 166, 172, 359 and 448 were absorbed superseding his claim, amounting to discrimination. He also contended that the age criterion had been relaxed for other employees, so he should be granted similar relaxation.
Respondent No.4 (Zilla Parishad) did not file any reply despite last opportunity, leaving the pleadings uncontroverted.
Ratio Decidendi
When a seniority list is prepared for absorption and the employer absorbs juniors while ignoring a senior employee without justifiable reason, it amounts to discrimination. The senior employee is entitled to absorption with age relaxation if similarly placed employees have been granted such relaxation. The failure of the respondent to controvert pleadings strengthens the case for relief.
Judgment Excerpts
On perusal of the list, it transpires that the name of the petitioner is at Sr. No.149. The candidates at Sr. No.166, 172, 359 and 448 ... have been accommodated in Zilla Parishad superseding the claim of the petitioner.
Thus, the pleadings/grounds taken in this Petition remained uncontroverted on behalf of respondent no.4.
On going through the seniority list as well as orders of appointment ..., we are convinced that the claim of petitioner has been wrongly denied. The petitioner has been discriminated in the matter of promotion ... without there being any justifiable reason.
We, therefore, allow the petition and direct respondent no.4 to issue order of absorption of the petitioner in class III cadre in Zilla Parishad, by granting relaxation of age, as expeditiously as possible, and preferably within three months from today.
Rule is accordingly made absolute. ... no order as to costs.
Procedural History
The writ petition was filed in 2015. On 15th July 2016, the court reserved judgment after hearing. Respondent No.4 did not file an affidavit-in-reply despite last opportunity granted on 07.07.2016, and a further prayer for time was rejected. With consent of parties, the petition was taken up for final disposal at the admission stage. Judgment pronounced on 1st August 2016.
