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2014 DIGILAW 1953 (BOM)

Sandesh Subhash Kadav v. Chief Executive Officer Zilla Parishad, Ratnagiri

2014-09-05

ANOOP V.MOHTA, F.M.REIS

body2014
JUDGMENT : Anoop V. Mohta, J. Rule, returnable forthwith. Heard finally. 2. The Petitioner is admittedly on waiting list at serial no.1 for the post of Extension Officer (Education), Class-III, Grade-II, after due advertisement and procedure followed by Respondent NO.1Chief Executive Officer, Zilla Parishad, Ratnagiri. The appointed candidate has already expressed unwillingness to join the post. The Petitioner, therefore, made representations on 3.12.2012, 4.2.2012 and 9.1.2013 to be appointed on the said vacant post being waiting list No.1. However, the concerned Respondent-appointing authority, in spite of above position and as permissible under the Regulations, as well as, by Government Resolution, not appointed the Petitioner. 3. The Respondents in their affidavit dated 21.12.2013 not even denied the rights of the Petitioner to be appointed on the post and so also above facts, however, contended that they have sought direction from the State of Maharashtra and the same is awaited. We are not inclined to accept this submission basically at the instance of Respondent No.1, who is the appointing authority and even otherwise, pursuant to their advertisement itself they could have appointed the Petitioner as the representation was made within one year from the date of advertisement/selection of candidates, who had in writing expressed unwillingness to join the post. The advertisement nowhere provides and/or such procedure to be followed by Respondent No.1 for appointing from the waiting list candidates. There is no other substantial issue raised by the Respondents in the affidavit. 4. This Court in Writ Petition No.4257 of 2013 Udaysing Jalamsing Valvi v. The Secretary, District Selection Committee, Raigad Z.P., Alibagh and anr., dated 22.01.2014 in similar situation, directed the concerned Respondent to appoint the Petitioner on the post with all consequential benefits. 5. Therefore, taking overall view of the matter, we are inclined to allow this Petition in terms of prayer (b) which reads as under : "(b) By an appropriate order, direction or writ or writ in the nature of mandamus, thereby commanding the Respondent to implement the said Waiting List through Open General Category for the post of the Extension Officer (Education), Class-III, Grade-II and further be pleased to direct the Respondent to recommend and to forthwith effect appointment in favour of the Petitioner on the said post and accordingly the Petitioner be granted all the consequential service benefits." 6. Rule is made absolute accordingly. No costs.