1
wp1081.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.1081 of 2013
Ashok Pandurang Satpute,
Aged about 52 years,
Occupation - Employee of Zilla
Parishad, Wardha,
R/o C/o Shri Hingwe's residence,
Post Karanja, District Wardha. ... Petitioner
Versus
1. Chief Executive Officer,
Zilla Parishad, Wardha.
2. State of Maharashtra,
through Secretary,
Department of Rural Development,
Govt. of Maharashtra,
Mantralaya,
Mumbai 400 032.
3. Chief Accounts and Finance Officer,
Zilla Parishad, Wardha.
4. Chairman,
Caste Scrutiny Committee for S.T.,
Adivas Vikas Bhawan, Giripeth,
Amravati Road, Nagpur. ... Respondents
::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:13:17 :::
2
wp1081.13.odt
Shri B. Lahiri, Advocate for Petitioner.
Shri A.M. Deshpande, Assistant Government Pleader for
Respondent No.2.
Coram : R.K. Deshpande & M.G. Giratkar, JJ.
Date : 15th November, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. The challenge in this petition is to the order dated 26-3-2012 passed by the Finance Department of the Zilla Parishad, Wardha, extending the benefit of 'Modified Assured Career Scheme' to the petitioner in the scale of Rs.9300-34800 + Grade Pay Rs.4200 with effect from 24-10-2007 to the extent it imposed the condition of producing a caste validity certificate from the competent Scrutiny Committee.
2. On 1-10-2013, after hearing the parties, this Court passed an order as under :
" Heard Shri Lahiri, learned counsel for the petitioner and Shri Mokadam, learned counsel for respondents 1 and 3.::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:13:17 ::: 3
wp1081.13.odt The challenge in the present Writ Petition is to the communication dated 26th March 2012 whereby the order of financial up-gradation that was passed in favour of the petitioner on 27th June 2011 has been sought to be withdrawn. The reason as mentioned in the aforesaid communication is that as the petitioner did not submit his caste validity certificate said benefit was being withdrawn.
According to Shri Lahiri, the learned counsel for the petitioner, aforesaid order was passed without grant of any opportunity of hearing to the petitioner. It is further submitted that entitlement to time bound promotion and higher scale is on account of rendering 12 years service and the same is not dependent upon production of validity certificate. He has relied upon the Government Resolution dated 1st April 2010.
Shri Mokadam, the learned counsel for respondents 1 and 3 has submitted that in view of the Government Resolution dated 1st July 2011 as the petitioner did not submit his caste validity certificate he was not entitled to aforesaid benefit.::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:13:17 ::: 4
wp1081.13.odt We have perused the aforesaid Government Resolution dated 1st July 2011 as well as the scheme for accelerated promotion vide Government Resolution dated 1st April 2010. In both these Government Resolutions there is no requirement that for being entitled for time bound promotion the employee should furnish the caste validity certificate.
As arguable questions are raised we issue Rule in the Writ Petition. As the petitioner has made out a primafacie case impugned communication dated 26th March 2012 shall remain stayed during the pendency of the present Writ Petition.
Shri Mokadam, the learned counsel waives notice of Rule for respondents no.1 and 3. Shri Puranik, learned counsel waives notice on behalf of the respondent no.4 and Shri Kankale, the learned Assistant Government Pleader waives notice for respondent no.2."
3. This Court prima facie observed that in the Government Resolution, there is no requirement that for being entitled for the time bound promotion, the employee should furnish a caste validity certificate. Till this date, there is no response to such ::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:13:17 ::: 5 wp1081.13.odt prima facie observation by this Court from any of the respondents.
4. Be that as it may, the petitioner has produced the certificate of validity issued on 18-6-2015 validating his claim for Special Backward Class category by the Caste Certificate Scrutiny Committee, which is the competent authority. In view of this, the reason for not making the benefit available to the petitioner for want of production of the validity certificate, cannot be sustained. Once the validity certificate is issued, the petitioner becomes qualified to get such benefit.
5. In the result, this petition is allowed and the respondents are directed to grant all financial benefits to the petitioner, in terms of the order of the Finance Department of the Zilla Parishad, Wardha, dated 27-6-2011. However, the petitioner shall not be entitled for the arrears up to 31-3-2010, though his fixation would be from 24-10-2007. All the entitlements be released to the petitioner within a period of ::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:13:17 ::: 6 wp1081.13.odt three months from the date of production of the copy of this judgment to the respondents; failing which, the respondents shall have to pay the costs of Rs.15,000/- (Rupees Fifteen Thousand) to the petitioner.
6. Rule is made absolute in the aforesaid terms. No order as to costs.
(M.G. Giratkar, J.) (R.K. Deshpande, J.) Lanjewar, PS ::: Uploaded on - 20/11/2017 ::: Downloaded on - 21/11/2017 01:13:17 :::