Disposed

Dr. M.B. Halmare v. State of Mah. Thr. Its Secty., and Anr.

Bombay HC11 Jan 2012PIL/6/2011

Case brief

AI extract

What is this about?

In this PIL, the High Court of Judicature at Bombay, Nagpur Bench, disposed of a petition by Dr. M.B. Halmare regarding unoccupied posts in the Zilla Parishad. After finding that steps were underway, the Court directed the respondents to fill vacancies at the earliest and avoid keeping posts vacant for more than six months.

What did the court decide?

Direction to respondents to make continuous attempts to fill vacant posts at the earliest and ensure no post remains vacant for more than six months.

Dr. M.B. Halmare Vs State of Mah. Thr. Its… — Public Procurement and Tenders | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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PUBLIC INTEREST LITIGATION NO.6 OF 2011

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(Dr. M.B. Halmare vs. State of Maharashtra and another)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

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Shri S.R. Narnaware, Advocate for the petitioner. Shri N.W. Sambre, Government Pleader for the respondent no.1.

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Shri H. Verma, Advocate for the respondent no.2.

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CORAM : P.B. MAJMUDAR AND A.P. BHANGALE, JJ.

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DATED : JANUARY 11, 2012

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By this public interest litigation, the petitioner, who is a Doctor by profession, has prayed for issuance of directions to the respondents to fill up many vacant posts in the respondent no.2 Zilla Parishad as the same have not been filled up since long. The petitioner has given particulars of the vacant posts, i.e. 17 posts of Class I Officers, 45 posts of Class II Officers, 2 posts of Additional District Health Officers, 1 post of Project Director,

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1 post of District Rural Development Agency, 1 post of Additional Chief Executive Officer, 1 post of Deputy Chief Executive Officer (General), 1 post of Class I Block Development Officer, 1 post of Senior Audit Officer, 1 post of District Health Officer (Vaccination) and 1 post of Education Officer. The petition has been filed on the basis of press report published in connection with the said vacant posts.

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Appropriate replies have been filed by the State Government as well as Zilla Parishad. In paras (4), (5) and (6) of the reply, the State Government has averred as under :

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“4) There are two posts of Block Development Officer, which are to be filled in from Maharashtra Development Cadre, Group-A, i.e. Panchayat Samiti, Mohadi and Panchayat Samiti, Sakoli in the respondent Zilla Parishad. I say that at present no posts of Block Development Officer in the cadre of Maharashtra Development Services Group-B are vacant in the Bhandara District. So far as posts of Child Development Project Officers are concerned, one post is lying vacant at Tumsar since March 2011. I say that appropriate efforts are being taken to fill up the vacant posts in the Bhandara District either by way of transfer or promotion at the earliest.

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In view of the provisions of the Zilla Parishad

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Act, 1962, Class-A and Class-B posts (other than Maharashtra Development Services Cadre) working in Zilla Parishad various Departments are filled by various administrative Department of the State Government. Taking into consideration the functional position, I say that the action is already initiated for filling up Class-A and Class-B vacant posts in Zilla Parishad. I further say that the said issue is under active consideration of various administrative Departments at the State Government level. I further say that all the concerned Departments are already instructed to fill up the vacant posts in Zilla Parishad.

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I say that one Shri D.S. Patil is working as Additional Chief Executive Officer, Zilla Parishad, Bhandara since 8th April 2011. Shri N.B. Yadav is working as Deputy Chief Executive Officer (General), Zilla Parishad, Bhandara since 27th January 2011. Shri N.K. Jejurkar is appointed as Project Director, D.R.D.A., Zilla Parishad, Bhandara vide order dated 21st June 2011. As stated earlier, 2 posts of Block Development Officer, Panchayat Samiti, Mohadi and Panchayat Samiti, Sakoli in the Zilla Parishad are vacant. I say that said two posts shall be filed in by either transfer or by appointing directly recruited Officers at the earliest.”

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Shri Sambre, learned Government Pleader

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for respondent no.1, states that for filling up various posts, which have remained vacant even on account

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of retirement of Officers, appropriate steps are being taken, but according to him, various Agencies are involved in the process of selection. He submits that expeditious steps are going to be taken in order to see that no post remains vacant for a long time. The respondent no.2 Zilla Parishad has also filed reply stating its stand in this behalf.

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So far as Class I and Class II posts are concerned, they are to be filled up through State Government and the respondent Zilla Parishad can recruit staff for Class III and Class IV posts on its own.

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Considering the reply of both the respondents, we are satisfied that steps have been taken for filling up the vacant posts. In view of the same, it is not necessary to keep this public interest litigation pending except directing both the respondents to make continuous attempts to see that posts should not remain vacant for more than six months or so. The respondents are also directed to make attempts to fill up existing vacant posts at the earliest and preferably within six months unless there

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are other administrative difficulties in this behalf.

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Subject to above directions, the public

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interest litigation is disposed of.

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JUDGE JUDGE

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khj

Dr. M.B. Halmare v. State of Mah. Thr. Its Secty., and Anr.

Case brief

What is this about?

What did the court decide?

Dr. M.B. Halmare v. State of Mah. Thr. Its Secty., and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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