Team  SoOLEGAL

Bombay HC Quashes Appointment of over 100 MPCB Staffers

Team SoOLEGAL 25 Jan 2018 4:08pm

Bombay HC Quashes Appointment of over 100 MPCB Staffers

In an order passed recently, the Aurangabad bench of Bombay High Court made some pertinent observations regarding the petitions for appointment of over 100 employees of the Maharashtra Pollution Control Board (MPCB).  

On Monday, while hearing the petitions which were clubbed as they were seeking similar interventions, the court pronounced a common verdict. The court quashed the appointment of MPCB staffers, stating that the appointments across the state were "illegal".

One petition pointed out that the board had issued an advertisement on January 2009, for filling 34 vacancies for the post of 'field officer' at different centres. However, “MPCB selected 105 candidates while keeping another 39 people in the waiting list”.

Observing this, a division bench of Justices RD Dhanuka and Sunil Kotwal ruled out that the board should not have selected excess candidates. The bench then stated, "The board would have been justified in appointing more candidates if there was a note in the advertisement that the posts were likely to be increased”.

According to another petition, the board did not adhere to the reservation criteria of 5% for project affected persons (PAP). Observing that some of the eligible candidates were deprived of getting appointed under PAP category, the court stated that “the lapses on the part of the board were serious and affected the rights of various candidates”.

Furthermore, the advertisement was not published on the state government's website or of employment exchange.

Considering these "irregularities", the court ordered the MPCB to make fresh appointments within 4 months. Moreover, the court added, though the board will not terminate the services of employees, but they will "not be granted promotion or other benefits".

According to petitioners’ counsel, since many employees have crossed the required age limit to reapply for their posts, they are now planning to move to the Supreme Court.  

Tagged: Bombay High Court   Maharashtra Pollution Control Board   Aurangabad bench  
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