1 WP.5446.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5446 OF 2016
Anil Sheshrao Pagrut,
aged 51 years, Occ. Service,
R/o Vandevi Nagar, By-pass
Road, Karanja, Tq. Karanja,
District Washim. ... PETITIONER.
VERSUS
1] Zilla Parishad, Washim,
through its Chief Executive Officer,
Washim, Tq. & Dist. Washim,
2] Education Officer (Primary),
Zilla Parishad, Washim,
Tq. & Dist. Washim.
3] Block Education Officer,
Panchayat Samiti, Karanja (Lad),
Tq. Karanja (Lad), Dist. Washim.
4] Divisional Caste Certificate Scrutiny
Committee No. 2, Akola,
Collector Office Premises
Administrative Building, II Floor,
Akola, Tq. & Dist. Akola. ... RESPONDENTS.
Mr. D.G. Gawande, Advocate for the Petitioner.
Mr. A.S. Deshpande, Advocate for the Respondent Nos. 1 & 2,
Ms. N.P. Mehta, A.G.P. for Respondent no. 4.
CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ.
DATED : OCTOBER 25, 2016.
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ORAL JUDGMENT (PER B.R.GAVAI, J).
1] Rule. Rule made returnable forthwith. Heard the learned
Counsel for the parties finally by consent.
2] The petitioner has approached this Court being aggrieved by the order dated 27.7.2016 vide which the services of the petitioner have been terminated.
3] The petitioner came to be appointed as Assistant Teacher against a post reserved for Other Backward Class. Since the petitioner claimed to be belonging to O.B.C., his claim came to be referred to the Caste Scrutiny Committee for considering the validity of the claim. The claim is still pending. However, by the impugned order, the petitioner's services came to be terminated on the ground that the petitioner has failed to submit the validity certificate.
4] It is not in the hands of the candidate as to within how much time the respondent No.4 Scrutiny Committee will decide his claim. The petitioner is not expected to do something which is beyond his control.
In that view of the matter, we are of the considered view that the respondents have erred in terminating the services of the petitioner on ::: Uploaded on - 26/10/2016 ::: Downloaded on - 28/10/2016 00:45:28 ::: 3 WP.5446.16 account of non-submission of the validity certificate.
5] In that view of the matter, Rule is made absolute in the following terms :-
I. The order dated 27.7.2016 is quashed and set aside, II. The respondent nos. 1 to 3 are directed to reinstate the petitioner on the post which he was holding prior to the impugned order being passed.
III. Though it is held that the petitioner shall be entitled to continue for all purposes, he would not be entitled for the salary for the period he was out of employment. However, the respondents shall regularly pay the salary of the petitioner from the date on which the petitioner joins the services. The petitioner should be permitted to join the services with effect from 1.11.2016.
IV. The respondent No.4 is directed to decide the claim of the petitioner as expeditiously as possible and preferably within a period of six months from today.
V. Till the decision of the respondent no.4 on the claim of the petitioner, the respondent nos. 1 to 3 shall not take any coercive steps against the petitioner on the ground of non-submission of validity certificate.::: Uploaded on - 26/10/2016 ::: Downloaded on - 28/10/2016 00:45:28 :::
4 WP.5446.16 VI. In the event the order passed by the respondent no.4 is adverse to the interest of the petitioner, the same shall not be given effect to for a period of three weeks from the date on which communication from respondent no.4 is received.
6] With the above directions, the petition stands disposed of.
There will be no order as to costs.
JUDGE JUDGE
J.
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