Case Note & Summary
The petitioner, Vikas Dhanaji Sawant, filed a writ petition challenging the judgment and order dated 17th April 2014 of the Maharashtra Administrative Tribunal (MAT) dismissing his Original Application No. 80 of 2013. The petitioner sought appointment to a Class IV post in government service on account of the retirement of his father, who was a Class IV employee at the Government Central Press, Mumbai. Before his retirement w.e.f. 1st September 2002, the petitioner's father made an application dated 4th January 2002 requesting the respondent no. 3 (The Manager, Government Central Press, Mumbai) to appoint his son to a Class IV post. The petitioner and his father relied upon Government Resolutions (GRs) dated 14th April 1981 and 6th March 1990, which provided that wards of Class IV employees are entitled to be directly recruited to Class IV posts in government service, subject to fulfillment of conditions prescribed in the GR dated 14th April 1981. The petitioner contended that he fulfilled all the conditions and that the respondents were not justified in denying direct recruitment. The court heard the learned counsel for the parties and, by consent, made the rule returnable forthwith. The court found that the petitioner fulfilled all conditions and allowed the petition, setting aside the Tribunal's order.
Headnote
A) Service Law - Direct Recruitment - Wards of Class IV Employees - Government Resolutions dated 14th April 1981 and 6th March 1990 - The petitioner, son of a Class IV employee, sought appointment to a Class IV post upon his father's retirement. The court held that the petitioner fulfilled all conditions prescribed in the GRs and was entitled to direct recruitment. The Tribunal's dismissal was set aside. (Paras 3-5)
Issue of Consideration
Whether the petitioner is entitled to direct recruitment to a Class IV post in government service under the Government Resolutions dated 14th April 1981 and 6th March 1990, and whether the Maharashtra Administrative Tribunal erred in dismissing the Original Application.
Final Decision
The petition is allowed. The judgment and order dated 17th April 2014 made by the Maharashtra Administrative Tribunal dismissing the petitioner's Original Application No. 80 of 2013 is set aside. The respondents are directed to consider the petitioner's application for direct recruitment to a Class IV post in accordance with the Government Resolutions dated 14th April 1981 and 6th March 1990.
Law Points
- Direct recruitment of wards of Class IV employees
- Government Resolutions dated 14th April 1981 and 6th March 1990
- Fulfillment of conditions
- Entitlement to appointment
