-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3649 OF 2004 Shri Kashinath Yashwant Gavit. ... Petitioner v/s. The State of Maharashtra & ors. ... Respondents Mr.N.V.Bandiwadekar for petitioner. Mr.R.M.Patne, AGP for res.Nos.1 & 4. Mr.Umesh Mankapur for Mr.R.V.More for res.Nos.2 & 3. ----- CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & SMT.R.S.DALVI, JJ. SMT.R.S.DALVI, JJ. SMT.R.S.DALVI, JJ. DATE : 29th June 2005 DATE : 29th June 2005 DATE : 29th June 2005 ORAL JUDGMENT : (Per H.L. Gokhale, J.) ORAL JUDGMENT : (Per H.L. Gokhale, J.) ORAL JUDGMENT : (Per H.L. Gokhale, J.) 1. Rule. Heard Mr.Bandiwadekar in support of this petition. Mr.Mankapur holding for Mr.More appears for respondent Nos.2 and 3. 2. One Mr.R.K. Chaudhari, Deputy Engineer, Zilla Parishad, Nashik, has filed an affidavit on behalf of respondent Nos.2 and 3. Mr.Patne, AGP appears for respondent Nos.1 and 4. 3. The petitioner’s case is that he was working as a Muster Assistant on a Project in Employment Guarantee Scheme in District Nashik from 27th January 1988 to 25th May 1993. Thereafter from 3rd June 1993 to 1996 and so on. -2- It has been a demand of the Muster Assistants that in view of the long service rendered, they should be absorbed in the service of the State Government or Zilla Parishad or some other appropriate departments. The State Government came out with a Government Resolution dated 1st December 1995 providing that those who were in service on 31st May 1993 would get such benefit depending upon their seniority position in the list maintained by the District Collector. The petitioner’s grievance is that earlier his name was included in the seniority list but subsequently his name came to be removed since he was not working on the particular day i.e. 31st May 1993. It is his case that he is not responsible if the work is not provided for some intervening period which is required in the Employment Guarantee Scheme. The prayer in the petition is that his name be restored in the seniority list of Muster Assistants and depending upon his number and as and when his turn comes, the Government or Zilla Parishad should be directed to consider him for absorption as per the Government Scheme. 4. In the reply filed by the above-referred Mr.Chaudhari, Deputy Engineer, it has been accepted that the petitioner did work during the -3- periods as claimed by him. It is also stated in paragraph 7 of the reply that respondent Nos.2 and 3 recommended to respondent No.4 to restore the petitioner’s name in the seniority list. 5. Mr.Bandiwadekar, learned Counsel appearing for the petitioner, drew our attention to a judgment of a Division Bench of this Court in Writ Petition No.6844 of 1998 decided on 15th December 1998 where in an almost identical situation the Division Bench had directed that the petitioner’s name be taken on a seniority list and he be absorbed. These were the prayers clauses (b) and (c) in that petition and they were granted. 6. The State Government has not filed any reply in spite of the fact that the matter has been adjourned from time to time. It is to be noted that on the very first date when the matter came up before a Division Bench on 5th May 2004, a notice was directed to be issued recording that the matter will be heard finally at the admission stage. We take it that respondent No.4-District Collector is not controverting the statement made in the affidavit of the Deputy Engineer. This being the position, we see no reason as to why the present petition should not be allowed in the same -4- manner as the earlier petition. 7. In the circumstances, the petition is allowed. Rule is made absolute in terms of prayer clauses (b) and (c). There will be no order as to costs. 8. As far as the placement of the petitioner on the seniority list is concerned, we direct respondent No.4-District Collector to see to it that the same is done on an outer side by end of July 2005. As far as the absorption of the petitioner is concerned, that will, however, depend upon the seniority of the petitioner. (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (SMT. R.S.DALVI, J.) (SMT. R.S.DALVI, J.) (SMT. R.S.DALVI, J.)