1 wp3175.11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3175/2011
Laxman Ramnath Gonnade,
aged about 50 years, Occ. Service,
r/o 403, Laxmi Plaza, Ring Road Square,
Koradi Road, Mankapur, Nagpur. .....PETITIONER
...V E R S U S...
1. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Nagpur.
2. The Maharashtra State Road Transport
Corporation, Central office, Maharashtra
Wahtuk Bhavan, Dr. A. N. Road, Mumbai
Central, Mumbai-400 008, through its
Vice Chairman and Managing Director. ...RESPONDENTS
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Shri F. T. Mirza, Advocate fro petitioner.
Shri V. A. Thakare, A.G.P. for respondent
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CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :- FEBRUARY 28, 2017 ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.) By this writ petition, the petitioner has challenged the order of the Scrutiny Committee dated 30.05.2011, invalidating the claim of the petitioner of belonging to Halba-Scheduled Tribe.
This Court has, while issuing Rule in the writ petition on 25.09.2012, observed that the petitioner's services were confirmed with the respondent no.2 as Labour Officer, Class-II in Junior Cadre in the year 1998. It appears that since the petitioner was appointed on a post earmarked for the Scheduled Tribes, his claim was referred to the ::: Uploaded on - 15/03/2017 ::: Downloaded on - 27/08/2017 18:20:23 ::: 2 wp3175.11.odt Scrutiny Committee for verification. The Scrutiny Committee has invalidated the claim of the petitioner. We had observed in the order dated 25.09.2012 that since the petitioner had not practiced fraud while seeking the benefits meant for the Scheduled Tribes as could be gathered from the order of the Scrutiny Committee, the petitioner's services were required to be protected. We had granted interim protection to the services of the petitioner though his caste claim was invalidated by making it clear that the petitioner or his progeny would not be entitled to any benefits including the promotional benefits on the basis of the claim that he belongs to the Scheduled Tribes.
After the judgment was rendered in the case of State of Maharashtra ..vs.. Milind and Others; reported in 2001 (1) Mh. L. J. 1 and Kavita Solunke..vs..State of Maharashtra and others; Civil Appeal No. 5821/2012, the Full Bench of this Court has held in the judgment reported in 2015 (1) Mh. L. J. 457 that the services of the employees that are appointed before the cut off date and who have not played fraud either on the employer or the Scrutiny Committee have to be protected.
In the present case, in view of our interim order, it would not be necessary to consider the correctness or otherwise of the order of the Scrutiny Committee as it was made clear that the petitioner or his progeny would not claim the benefits meant for Halba-Scheduled Tribe since the petitioner was appointed before the cut off date and there was ::: Uploaded on - 15/03/2017 ::: Downloaded on - 27/08/2017 18:20:23 ::: 3 wp3175.11.odt no observation in the order of the Scrutiny Committee that the petitioner had fraudulently secured the benefits meant for the Halba Scheduled Tribe. The services of the petitioner need to be protected on the post of Labour Officer in view of the judgment of the Full Bench reported in 2015 (1) Mh. L. J. 457. It appears that the Scrutiny Committee has invalidated the caste claim of the petitioner as the petitioner was not able to prove the same on the basis of the documents and the affinity test.
Hence, for the reasons aforesaid, the writ petition is partly allowed. The respondent no.2 is directed to protect the services of the petitioner on the post of Labour Officer on a condition that the petitioner furnishes an undertaking in this court and also before the respondent no.2-Corporation, within six weeks that neither the petitioner nor his progeny would seek the benefits meant for the Halba Scheduled Tribe in future.
Rule is made absolute in the aforesaid terms with no order as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.) kahale ::: Uploaded on - 15/03/2017 ::: Downloaded on - 27/08/2017 18:20:23 :::