Jayant Vishwanathrao Naik v. The State Of Maharashtra And Others

( 1 ) wp1478.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1478 OF 2017 JAYANT VISHWANATHRAO NAIK

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. Vivek Dhage, Advocate for petitioner.

Mr. A.V. Deshmukh, AGP for respondent/State.

Mr. K.D. Munde, Advocate for respondent No.2. CORAM :

SUNIL P.DESHMUKH & S.M.GAVHANE,JJ.

DATED :

05.08.2019 P.C. :- 1.

Heard learned counsel for appearing parties. While under writ petition, petitioner had staked his claim for appointment to post of Civil Engineering Assistant, referring to that he had already possessed requisite qualifications, having passed examination of Civil Engineering Assistant during course of his employment and he had been one of the selectees under communication dated 05-08-2006. While first selectee thereunder had been appointed, however, his appointment had come under peril and he had approached industrial court and a writ petition at his instance is pending before this court, where-under interim relief has been operating. 2.

Be that as it may, one more development appears to have taken place and under notification dated 30-08-2014 Maharashtra Zilla Parishad

( 2 ) wp1478.17 District Services (Recruitment) (IIIrd Revision) Rules, 2014, has been amended criteria for appointment of Civil Engineering Assistant, where-under requirement appears to that an incumbent ought to be in services of Zilla Parishad on 02-02-2006 and ought to have passed Civil Engineering Assistant, one year course or acquired any equivalent qualification at the time of issuance of notification, conducted by Government Technical Institute of Technical Education Department of Government and such person shall be absorbed as Civil Engineering Assistant, if he is willing to work as Civil Engineering Assistant in said post.

3.

Thus, it appears that situation as far as petitioner is concerned, his case may have to be considered keeping in view notification dated 30-08-2014 and for said purpose petitioner may make proper approach with authority concerned and decision thereon be taken by the authority expeditiously, preferably within a period of four months from the date of approach. 4.

Writ petition is disposed of accordingly.

[S.M.GAVHANE,J.] [SUNIL P.DESHMUKH,J.] snk/2019/AUG19/wp1478.17