Disposed

Nainesh Suresh Dolas v. the Controller of Rationing and Vicil Supply and Ors.

Bombay HC31 Oct 2014PIL/222/2014

Case brief

AI extract

What is this about?

The Court held that the grievance regarding vacant posts in the Civil Supplies Department constitutes managerial issues rather than legal questions, directing the Competent Authority and relevant State departments to apply their mind and evolve strategies to fill vacancies.

What did the court decide?

Directed Competent Authority, GAD, MPSC, Chief Secretary, and relevant Ministries to apply mind to managerial issues and evolve strategies to address recruitment deficits and fill vacancies.

Nainesh Suresh Dolas Vs the Controller of Rationing… — Service and Employment | Bombay HC (2014)

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1 of 4 PIL.222.2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO.222 OF 2014

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Nainesh Dolas

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versus The Controller of Rationing & Civil Supply and others

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Petitioner

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Respondents

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Mr.Mahendra Agavekar for Petitioner. Mr.S.N.Patil, AGP for State.

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CORAM : MOHIT S. SHAH, C.J. AND B.P.COLABAWALLA, J.

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DATE : 31 October 2014

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PC :

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The grievance in this Public Interest Litigation is about

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the alleged inaction on the part of the Respondents in not filling up the posts in Civil Supplies Department, particularly in the Rationing offices under the Deputy Controller of Rationing in Mumbai-Thane region.

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2. Affidavit-in-reply has been filed by the Assisant

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Controller of Rationing dated 30 October 2014. After referring to the

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ban on recruitment up to 2004 and thereafter from June 2010 to June

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2 of 4 PIL.222.2014

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2012, the deponent has stated that Maharashtra Public Service Commission did not conduct examination for the posts of clerk-cumtypists during the period between 1998 and 2006. It is further stated that though requisite number of candidates are selected through MPSC and allotted to Civil Supplies Department, many candidates do not join the services at all and even those who joined the services, left the services for better prospects. It is also stated that substantial number of selected candidates do not join the services. It is further submitted that since the recruitment to the feeder cadre is in deficit due to above reasons, promotional posts would not be filled up in future. It is submitted that 25% posts of Clerk-cum-typists are filled up through promotions from Class-IV posts, subject, however, to requisite qualifications. However, since there is deficit in appointments of Class-IV employees also, the basic posts of clerkscum-typists are lying vacant.

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Having heard the learned counsel for the parties, we are of the view that what the Respondents have pointed out are more managerial issues than legal questions which need to be decided by this Court. It would, therefore, be in the fitness of the things that the Competent Authority shall apply its mind to such managerial issues at

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3 of 4 PIL.222.2014

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the earliest. For instance, if employees in Class-IV cadre eligible for promotion are not available, there is no point in filling up 25% posts of clerks-cum-typists by promotion from Class-IV cadre. The quota for promotion has naturally to be reduced substantially.

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Similarly, if the selected and allotted candidates do not join the Civil Supplies Department, it would be reasonable for the Civil Supplies Department to make request either to General Administration Department, M.S. or to MPSC, to prepare a wait list of a large number of candidates so that vacancies are filled in at the earliest and the posts do not remain vacant. It would, therefore, be in the fitness of the things to expect from MPSC and/or GAD to apply its mind and consider evolving necessary managerial strategies to deal with such administrative problems. The State Government in the GAD headed by Chief Secretary as well as Ministry of Food and Civil Supplies, Consumer Protection of the State Government shall, therefore, take necessary steps for addressing all such managerial issues at the earliest.

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Similarly, it is contended by learned AGP that candidates

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who are selected and appointed, do join service but leave the service

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4 of 4 PIL.222.2014

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on getting another job at the place of their choice. It would, therefore, be necessary for GAD as well as MPSC to consider conducting centralized recruitment test so that the candidate will have to make up his mind as to at which place the candidate would like to join the service or the recruitment process should be such that the candidates are made compulsorily to indicate their preference and/or final choice so that the competent authority can accordingly offer postings to the candidates on the basis of a rational formula.

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A copy of this order shall be served upon the Chief Secretary, Government of Maharashtra as well as the Secretary, Food and Civil Supplies, Consumer Protection Department, Government of Maharashtra. The petition is accordingly disposed of in the above terms.

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(CHIEF JUSTICE)

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(B.P.COLABAWALLA, J.)

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MST

Nainesh Suresh Dolas v. the Controller of Rationing and Vicil Supply and Ors.

Case brief

What is this about?

What did the court decide?

Nainesh Suresh Dolas v. the Controller of Rationing and Vicil Supply and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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