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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 5846/2013 AND WRIT PETITION NO.5847/2013 WRIT PETITION NO. 5846/2013 Manoj Ramdas Kalane Aged about 47 years, occu: service as Laboratory Attendant with respondent no.2 R/o 612-E, New Subhedar Layout Udaynagar, Near NIT Garden Nagpur-440 024. ..PETITIONER v e r s u s
1) State of Maharashtra Through its Secretary Ministry of Tribal Welfare Department Mantralaya,Mumbai-32.
2) President /Secretary Shri Shivaji Shikshan Sanstha Amravati, Dist.Amravati.
3) Head Mistress, Shri Shivaji High School & Junior College Azam Shah Layout, Ganeshnagar, Nagpur.
4) Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division Amravati :Through its member Secretary. ...RESPONDENTS ::: Uploaded on - 04/05/2017 ::: Downloaded on - 07/05/2017 00:22:40 ::: wp.5846.13+ 2 WRIT PETITION NO. 5847/2013 Anita Ramdas Kalane Aged about 47 years, occu: service as Assistant Teacher with respondent no.2 R/o 26-B, Radha Shriram Wadi Ayodhya Nagar, Nagpur- 440 024. ..PETITIONER v e r s u s
1) State of Maharashtra Through its Secretary Ministry of Tribal Welfare Department Mantralaya, Mumbai-32.
2) President /Secretary Shri Shivaji Shikshan Sanstha Amravati, Dist.Amravati.
3) Head Master Vidya Mandir High School & Junior College Koradi, Vidyut Vihar, Koradi 441111.
4) Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division Amravati: Through its Member Secretary. ...RESPONDENTS ...........................................................................................................................
Mr. Rohit Chandurkar, Advocate for the petitioner/s Mrs.Geeta Tiwari,Assistant Government Pleader for Respondent No.1 Shri A.Sambre, Advocate for Respondent No.2 Respondent no.3 served on merit Shri Abhijit Deshpande, Advocate for respondent no.4 ...........................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
MRS . SWAPNA JOSHI, JJ
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DATED : 3rd May, 2017
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ORAL JUDGMENT: (PER SMT. VASANTI A. NAIK, J.) Since the issue involved in these Writ Petitions is identical and similar prayers are made therein, they are heard together and are decided by this common judgment.
By these Writ Petitions, the petitioners have sought the protection of their services, in view of the judgment of the Hon'ble Supreme Court in the case of Kavita Solunke vs. State of Maharashtra reported in 2012(5) Mh.L.J. 921 and, in view of the judgment of the Full Bench of this Court in the case of Arun Sonone vs. State of Maharashtra, reported in 2015 (1) Mh.L.J. 457.
The petitioners were appointed in the respondent-School as a Laboratory Attendant and as a Science Teacher. The appointment of the petitioners was made in the year 1998 and 1999 respectively, on the post earmarked for the Scheduled Tribes. The services of the petitioners were sought to be terminated by their respective employer for not producing the validity certificate that they belong to the Scheduled Tribes. The petitioners approached the Scrutiny Committee. However before the Scrutiny Committee they gave up their claim of belonging to Scheduled Tribes and admitted that they belong to the Special Backward Classes. The caste claim of the petitioners of belonging to Scheduled Tribes was invalidated. By these petitions, the petitioners have sought the protection of their services as they were appointed ::: Uploaded on - 04/05/2017 ::: Downloaded on - 07/05/2017 00:22:40 ::: wp.5846.13+ 4 before the cut off date in the years 1998 and 1999 and there is no observation in the order of the Scrutiny Committee that the petitioners had fraudulently secured the benefits meant for the Scheduled Tribes.
Shri Chandurkar, the learned counsel for the petitioners relied on the unreported judgment of this Court, dated 12th February 2015, in a bunch of Writ Petitions, bearing Writ Petition No. 3729/2014 and others, to submit that, in the decided cases, the employees were initially appointed on the post earmarked for the Scheduled Tribes and subsequently they had given up their claim of belonging to the Tribes and had claimed to belong to the Special Backward Classes. It is stated that while allowing the Writ Petitions filed by the petitioners that were similarly situated, like the petitioners in this case, this Court had protected the services of the petitioners. It is submitted that in the circumstances of the case, since the petitioners were granted interim relief and they are continued in service during the pendency of the Writ Petitions, their services need to be protected as they have given up their claim of belonging to the Scheduled Tribes.
The learned Assistant Government Pleader appearing for the respondent no.1 does not dispute the position of law, as laid down by the Full Bench, in the judgment reported in 2015 (1) Mh.L.J. 457 (supra) as also the judgment dated 12th February, 2015 in the bunch of Writ Petitions bearing Writ Petition No.3729/2014 and others. It is stated that an ::: Uploaded on - 04/05/2017 ::: Downloaded on - 07/05/2017 00:22:40 ::: wp.5846.13+ 5 appropriate order may be passed in these petitions also.
On a reading of the judgment of the Full Bench and on a perusal of the unreported judgment,dated 12th February 2015, in Writ Petition No.3729/2014 and others, it appears that the services of the petitioners need to be protected. In almost identical set of facts, this Court had held that since the petitioners in the decided Writ Petitions had subsequently given up their claim of belonging to Scheduled Tribes and had claimed to belong to Special Backward Classes, they would be entitled to the protection of their services. In these petitions, the appointment of the petitioners as Laboratory Attendant and Science Teacher is made before the cut off date in the years 1998 and 1999 and hence the services of the petitioners need to be protected.
Hence, for the reasons recorded herein-above and also for the reasons recorded in the judgment, dated 12.12.2015, in the bunch of Writ Petitions bearing Writ Petition No.3729/2014 and others, both the Writ Petitions are allowed and the respondents/employer are directed to protect the services of the petitioners as Laboratory Attendant and Science Teacher, as is applicable to them, only on the condition that the petitioners furnish an undertaking in this Court and before the employer within six weeks that neither the petitioners nor their progeny would seek the benefits meant for the Scheduled Tribes, in future.
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wp.5846.13+ 6 The Rule is made absolute in the aforesaid terms, with no order as to costs.
JUDGE JUDGE
sahare
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