1 WP.1477.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1477 OF 2017.
Ramdas s/o Pandurang Khobarkhede,
aged about 49 years, Occupation Driver
(Now Nil), R/o Khobarkheda, At Post
Apotikhurd, Tah. & Dist. Akola. ...... PETITIONER.
....Versus....
1] The Divisional Controller,
Maharashtra State Road
Transport Corporation,
Akola Division, Akola.
2] The Scheduled Tribe
Certificate Scrutiny Committee,
Amravati Division, Amravati,
through its Member Secretary,
Irvin Square, Amravati. ..... RESPONDENTS.
Mr. S.G. Joshi, Advocate for the petitioner,
Mr. V.G. Wankhede, Advocate for respondent no. 1.
Mr. A.M. Deshpande, Assistant Government Pleader for the
respondent no. 2.
CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.
DATED : APRIL 24, 2017.
1] Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally by consent.
2] The petitioner has restricted his claim for grant of
::: Uploaded on - 25/04/2017 ::: Downloaded on - 27/04/2017 00:30:28 :::
2 WP.1477.17.odt
protection of his service. The petitioner was appointed as a Driver with the respondent no.1 against the post reserved for Scheduled Tribe since he belonged to Koli Mahadeo.
3] However, since the petitioner could not submit his validity certificate, petitioner's services came to be terminated on 14.2.2012. The petitioner has now given up his claim of belonging to Scheduled Tribe and is only claiming benefits in view of judgment of larger Bench of this Court in the case of Arun s/o Vishwanath Sonone .vs. State of Maharashtra and others reported in 2015(I) Mh. L.J. 457 dated 22.12.2014.
4] In view of the judgment of larger Bench of this Court in the case of Arun s/o Vishwanath Sonone (supra), since the petitioner was in continuous service from the year 1999, we are inclined to grant protection to the petitioner. The petitioner is, therefore, directed to be reinstated. The petitioner would not be entitled to any back wages for the period during which he was out of employment. However, the petitioner would be entitled to continuity in service for all other benefits including the pensionary benefits. The petitioner shall file an undertaking before this Court within a period of two weeks that neither he nor his progeny shall claim any benefit on the basis of his ::: Uploaded on - 25/04/2017 ::: Downloaded on - 27/04/2017 00:30:28 ::: 3 WP.1477.17.odt claim of belonging to Scheduled Tribe.
5] With the above observations, the petition stands disposed of. Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE. J
UDGE.
J.
::: Uploaded on - 25/04/2017 ::: Downloaded on - 27/04/2017 00:30:28 :::