1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.514 OF 2010 Ahmednagar Zilla Shetmajur Union Trade Union Centre ..PETITIONER -VERSUS- Mahatma Phule Krishi Vidyapeeth ..RESPONDENT ......... Mr.S.T. Shelke, advocate for petitioner. Mr.P.L. Shahane, advocate for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 4 th August, 2010. PER COURT : 1. Heard counsel. 2. The impugned order reveals that the complaint filed by the petitioners was partly allowed and certain directions were given by the Industrial Court, Ahmednagar vide the impugned order dated 18th November, 2009. The contention of the petitioners' is that the formation of committee for preparation of list of employees, who are eligible to get the benefit of time scale promotion is not warranted. The petitioners' further contention is that those who had been retired or dead before filing of the complaint were also eligible if they come in the zone of consideration. 2 3. So far as formation of committee is concerned, there appears nothing perverse about direction. The committee is required to be formed in order to verify the record of each employees for the purpose of locating eligibility. It is necessary to examine whether the employees are eligible in accordance with the instructions issued under the Government Resolution. The performance of the employees, past record, the fact whether they have completed 12 years service etc are required to be verified in order to locate the eligibility. This being the requirement under Government Resolution, the directions in this behalf is quite legal and proper. 4. So far as the exclusion of retired or dead employees are concerned, the direction is partly modified in view of the fact that there is total exclusion without considering the availability of zone of consideration as on the date of issuance of the Government Resolution. The dead or retired employees can be excluded, if they do not fall within the zone of consideration on the date of issuance of Government Resolution. Thus the employees who have completed 12 years service as on the date of issuance of Government Resolution and are found eligible may be included by the scrutiny committee, if they are covered by the scheme. The cases of each such individual employees shall be considered on 3 merits thereof. 5. Mr.Shelke submits that the exercise shall be required to be completed within time framed because no such direction appears from the impugned order. The respondent shall form such committee within a period of three months and thereafter the committee shall complete the entire exercise within a period of six months and monetary benefit to be made available to them within one year. (V.R.KINGAONKAR) JUDGE gas/wp514.10