Bombay High Court
MANIK PUNDLIK CHAUDHARIversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The order in Writ Petition No. 8289 of 2019 applies to all the present petitioners except Pandurang Narayan Patil, mandating their inclusion in the seniority list and appointment with age relaxation.
Summary
The petitioners sought inclusion of their names in the seniority list of village‑panchayat employees to be appointed in Class‑III/IV cadres of the Zilla Parishad, along with age‑relaxation appointment orders. They argued that the Zilla Parishad had failed to fill 10% reserved posts since 2015 and that a prior judgment (Writ Petition No. 8289 of 2019) had granted similar relief in identical facts. The State contended that the posts remained unfilled but did not dispute the factual similarity. The Court held that the earlier order is applicable to all the present petitioners except Pandurang Narayan Patil, who is superannuated, and therefore directed the Zilla Parishad to include the remaining petitioners in the seniority list and issue appointment orders with age relaxation. Consequently, the 2018 writ petitions were allowed, while WP 3110 of 2019 was merely disposed.
Issues considered
- Whether the petitioners are entitled to be placed in the seniority list and appointed in Class‑III/IV cadres of the Zilla Parishad with age relaxation.
- Whether the earlier judgment in Writ Petition No. 8289 of 2019 is binding on the present petitions having identical facts.
- Whether the Zilla Parishad’s failure to fill the 10% reserved vacancies violates its statutory duty.
Subjects
- seniority list
- reservation
- age relaxation
- appointment
- mandamus
- Zilla Parishad
- village panchayat
- class‑III
- class‑IV
- writ petition
Judgment
2026:BHC-AUG:7493-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
949 WRIT PETITION NO. 3110 OF 2019
PANDURANG NARAYAN PATIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner :
Ms. Sharayu Dhanture h/f. Mr. Gore Ravindra Vitthal
AGP for Respondent/State: Mr. S. R. Wakale
Advocate for Respondent No.4 : Mr. N. E. Deshmukh
...
WITH
WRIT PETITION NO. 1964 OF 2018
GAJANAN VISHWANATH CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Advocate for the Petitioner :
Ms. Sharayu Dhanture h/f. Mr. Gore Ravindra Vitthal
AGP for Respondent/State: Mr. S. R. Wakale
Advocate for Respondent No.4 : Mr. Dheple Shantaram Ravji
WITH
WRIT PETITION NO. 1957 OF 2018
MANIK PUNDLIK CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Advocate for the Petitioner :
Ms. Sharayu Dhanture h/f. Mr. Gore Ravindra Vitthal
AGP for Respondent/State: Mr. S. R. Wakale
Advocate for Respondent No.4 : Mr. Dheple Shantaram Ravji
WITH
WRIT PETITION NO. 2042 OF 2018
SAMADHAN RAMU KOLI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Advocate for the Petitioner :
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Ms. Sharayu Dhanture h/f. Mr. Gore Ravindra Vitthal
AGP for Respondent/State: Mr. S. R. Wakale
Advocate for Respondent No.4 : Mr. Dheple Shantaram Ravji
WITH
CIVIL APPLICATION NO. 4621 OF 2019
IN WP/2042/2018
SAMADHAN RAMU KOLI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
CIVIL APPLICATION NO. 4623 OF 2019
IN WP/1957/2018
MANIK PUNDLIK CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
WITH
CIVIL APPLICATION NO. 4624 OF 2019
IN WP/1964/2018
GAJANAN VISHWANATH CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
CORAM : ARUN R. PEDNEKER &
VAISHALI PATIL-JADHAV, JJ.
DATE : 20.02.2026
PER COURT:
1. Heard.
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2. By the present petitions, the petitioners are seeking
direction that their names be included in the seniority list of the
employees of village panchayat to be appointed in Class – III / IV
cadre of respondent Zilla Parishad till their appointments in the
said cadre of the Zilla Parishad and to give appointment orders to
the petitioners.
3. Ms. Sharayu Dhanture holding for Mr. Gore Ravindra
Vitthal, learned counsel for the petitioners submits that in the
identical fact situation this court by Judgment and Order dated
10.11.2025 passed in Writ Petition No.8289 of 2019, directed the
respondents to include the name of the petitioners therein in the
seniority list of the employees of the village panchayat to be
appointed in the Class – III and Class - IV cadre of the Zilla Parishad
till their appointment in the said cadre of the Zilla Parishad and to
give appointment orders to the petitioners therein in Class - III
cadre of the Zilla Parishad.
4. Ms. Sharayu Dhanture, learned counsel for the
petitioners fairly submits that except the petitioner - Pandurang
Narayan Patil in Writ Petition No.3110 of 2019, who is now
superannuated, and, all the other 3 petitioners in the respective
writ petitions are entitled to similar orders as passed in Writ
Petition No.8289 of 2019, dated 10.11.2025.
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5. The learned counsel for the petitioners pointed out the
comparative factual position by placing on record the chart as
indicating the names of the petitioners and their positions, their
date of birth, appointments and their services till the year 2017.
She also submits that it is an admitted fact that from
the year 2015 the Zilla Parishad has not taken any steps to fill in
the posts for the 10% reserved though there were vacancies
available and that after the year 2017 they became time barred.
She submits that in the list published in the year 2018, the
petitioners were excluded as they had crossed the 45 years of age.
She submits that on account of non-action of the Zilla
Parishad to give appointments to the petitioners, in similarly and
identical facts in the aforereferred Writ Petition No.8289 of 2019,
by order dated 10.11.2025, this court has directed the Zilla
Parishad to include the name of the petitioners therein in the
seniority list and to give appointments.
6. The learned counsel appearing for the Zilla Parishad
has made a statement that all the positions are not filled in.
7. Considering the aforesaid factual aspect, there is no
dispute that the petitioners herein are identical as in Writ Petition
No.8289 of 2019 and the orders therein is applicable to the
petitioners herein also. Accordingly, we direct, that the Judgment
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and order dated 10.11.2025, passed in Writ Petition No.8289 of
2019 shall be applied to the petitioners herein except to the
petitioner - Pandurang Narayan Patil in Writ Petition No.3110 of
2019 and the operative part of the said order is reproduced as
under:
“27. In the light of observations made hereinabove we pass
the following order :-
:: O R D E R ::
(i) Writ Petition is allowed in terms of prayer clause
(B), which reads as under :-
“(B) By issuing writ of mandamus or any other
appropriate writ the respondents may kindly be
directed to include the name of petitioners in
seniority list of the employees of village panchayat to
be appointed in class-III and class-IV cadre of Zilla
Parishad till their appointment in the said cadre of
Zilla Parishad and to give appointment orders to the
petitioners in class-III cadre of the respondent no.3
forthwith, by giving them age relaxation.”
(ii) Rule is accordingly made absolute. There shall be not
order as to costs.
(iii) Writ Petition stands disposed of accordingly.”
8. The above order is applicable to all the petitioners
except the petitioner - Pandurang Narayan Patil in Writ Petition
No.3110 of 2019. As such, Writ Petition No.3110 of 2019 stands
disposed of.
9. Writ Petition No.1964 of 2018, Writ Petition No.1957 of
2018 and Writ Petition No.2042 of 2018 stand allowed accordingly
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in terms of prayer clauses “B” – mutatis mutandis, of the respective
writ petitions.
[VAISHALI PATIL-JADHAV, J.] [ARUN R. PEDNEKER, J.]
marathe
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