SACHIDANAND Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned Additional Government Advocate, who is directed to take notice for respondent Nos.1 and 2.

(2.) It is the case of the petitioner that he was appointed as a Data Entry Operator in Shivani Gram Panchayat, Bhalki taluka on 31/5/2006 and thereafterwards on 7/6/2006 he was deputed to Taluka Panchayat and was relieved from the Gram Panchayat. Subsequently, on 25/8/2006, the Gram Panchayat has passed a resolution regularizing the petitioner's service and the resolution was forwarded to the Chief Executive Officer, Zilla Panchayat, Bidar, who has approved the appointment regularized the petitioner service on 30/4/2015. It is the case of the petitioner that he is now eligible to be promoted to the post of Secretary of Gram Panchayat and his name was also recommended by the Taluka Panchayat and a provisional seniority list was also issued by the Zilla Panchayat 2/3/2022 and petitioner's name is found at Serial No.60 in the said provisional list. However, the date of appointment of the petitioner has been wrongly shown as 5/6/2006 instead of 5/2/2007 in the said provisional seniority list. Therefore, the petitioner had filed his objections to the said provisional seniority list on 7/3/2022. It is the grievance of the petitioner that without considering his objections, the respondents are likely to publish the final seniority list.

(3.) From perusal of the records, it is seen that the petitioner's name is found at Serial No.60 in the provisional seniority list, which had been issued by the Zilla Panchayat on 2/3/2022. Immediately thereafterwards the petitioner had given his representation/objections on 7/3/2022 to the office of the Taluka Panchayat and on receipt of the same, the Taluka Panchayat had forwarded the said objection to the office of Zilla Panchayat on 9/3/2022 vide Annexure-P. Therefore, before respondent No.3 or any other competent authority proceed to issue the final seniority list, they are required to consider the objections filed by the petitioner to the provisional seniority list on 7/3/2022, which has been forwarded to the Zilla Panchayat by the Taluka Panchayat on 9/3/2022. Accordingly, following: