Manoj S/O. Shamrao Borkar and Others v. State of Maharashtra, Thr. Secretary, Dept. of Rural Development, Mumbai and Others
Case brief
What is this about?
Cluster Head; Kendra Pramukh; Ad-hoc Cluster Head; ad-hoc promotion; regularization of ad-hoc appointees; Zilla Parishad Nagpur; Maharashtra State Examination Council; advertisement dated 05/06/2023; 68 vacant posts Cluster Heads Nagpur district; Serial No.10; Government Resolution dated 01/12/2022 Clause (13); Government Resolution dated 01/08/2019 clause-2; Government Resolution dated 08/10/1990; W.P. No. 4500/2014 status quo; Article 226 alternative remedy; intervention allowed; Union of India & ors. Vs. Mahendra Singh (Civil Appeal No. 4807 of 2022); Commissioner of Income Tax & Ors. Vs. Chhabil Dass Agrawal 2014(1) SCC 603; Bombay High Court Nagpur Bench; WRIT PETITION NO. 3797 OF 2023; writ petition dismissed.
What did the court decide?
The petitioners were admittedly appointed as Ad-hoc Cluster Heads: the appointment order dated 21/12/2021 itself declared the appointment ad-hoc; such promotees get no benefit of seniority; the ad-hoc promotion continues only until selection by direct recruitment through the District Selection Committee or till 11 months from the date of promotion, whichever is earlier; and ad-hoc Cluster Heads get neither the pay band nor the additional benefits of regular Cluster Heads.