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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
80 WRIT PETITION NO.918 OF 2021
CHANDRAKANT S/O DAMODHAR SHETE
VERSUS
STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioners : Mr. Rajendra J. Kankale. AGP for Respondent/State: Mr. S. P. Tiwari.
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AND 81 WRIT PETITION NO.6570 OF 2021 KU. RANGUBAI GOVARDHAN TAPRE VERSUS THE STATE OF MAHARASHTRA THR. ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. P. Tiwari.
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AND 82 WRIT PETITION NO.6571 OF 2021 PURNAJI BANSIRAM TAROLE VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. P. Tiwari.
...
AND 83 WRIT PETITION NO.6601 OF 2021 BANDU SHRIRAM UKARDE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioners : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. P. K. Lakhotiya.
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::: Uploaded on - 02/09/2021 ::: Downloaded on - 10/10/2021 02:05:01 :::2 80-105 wp.918.21 others.odt AND 84 WRIT PETITION NO.6605 OF 2021 VENUKA BHIMRAO KHEDKAR VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. P. K. Lakhotiya.
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AND 85 WRIT PETITION NO.8351 OF 2021 SHYAMRAO PUNDLIK KHAWALE VERSUS STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. K. Tambe. Advocate for Respondent No.2 : M. D. S. Bagul.
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AND 88 WRIT PETITION NO.8376 OF 2021 SHIVDAS SHRIRAM RAIBOLE VERSUS STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. P. Tiwari. Advocate for Respondent No.2 : M. D. S. Bagul.
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AND 91 WRIT PETITION NO.9433 OF 2021 VIJAY SHESHRAO NIKHARE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioner : Mr. P. K. Dhomne. AGP for Respondent/State: Mrs. V. N. Patil-Jadhav.
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::: Uploaded on - 02/09/2021 ::: Downloaded on - 10/10/2021 02:05:01 :::3 80-105 wp.918.21 others.odt AND 93 WRIT PETITION NO.9436 OF 2021 ASHOK MAROTRAO PARATE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioner : Mr. P. K. Dhomne. AGP for Respondent/State: Mrs. V. N. Patil-Jadhav.
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AND 94 WRIT PETITION NO.9548 OF 2021 SUBHASH HIMMATRAO DHORE VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. P. Tiwari. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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AND 96 WRIT PETITION NO.9550 OF 2021 DEOKISAN LAXMANRAO PATKAR VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. P. Tiwari. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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AND 97 WRIT PETITION NO.9551 OF 2021 UDDHAV UTTAMRAO KALAMKHEDE VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. W. Munde. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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::: Uploaded on - 02/09/2021 ::: Downloaded on - 10/10/2021 02:05:01 :::4 80-105 wp.918.21 others.odt AND 98 WRIT PETITION NO.9552 OF 2021 VINAYAK DIGAMBAR ANKURKAR VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. W. Munde. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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AND 99 WRIT PETITION NO.9553 OF 2021 ANIL NAGORAO WAWARE VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. W. Munde. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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AND 100 WRIT PETITION NO.9554 OF 2021 KAILASH VISHWASRAO KOLTAKKE VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. W. Munde. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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AND 101 WRIT PETITION NO.9555 OF 2021 VINOD DEVIDAS CHUNKIKAR VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. W. Munde. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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::: Uploaded on - 02/09/2021 ::: Downloaded on - 10/10/2021 02:05:01 :::5 80-105 wp.918.21 others.odt AND 102 WRIT PETITION NO.9556 OF 2021 LEELADHAR INDRABHAN CHUNKIKAR VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. W. Munde. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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AND 103 WRIT PETITION NO.9557 OF 2021 KAILASH RUPRAO TARALE VERSUS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for Petitioner : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. S. P. Tiwari. Advocate for Respondent No.2 : Mr. D. S. Bagul.
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CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATE : 30th August, 2021.
P.C.:
. The learned counsel for the petitioners submits that the petitioners are appointed from Scheduled Tribe category. Their tribe claims were invalidated by the scrutiny committee. They had filed writ petitions before this Court at Nagpur. The Division Bench of this Court at Nagpur upheld the judgment of the committee under its judgment and order dated 25.01.2008, but granted protection in service. The said judgment has become final. Now, the petitioners are placed on supernumerary posts. According to the learned counsel, once the ::: Uploaded on - 02/09/2021 ::: Downloaded on - 10/10/2021 02:05:01 ::: 6 80-105 wp.918.21 others.odt protection is granted by this Court, the same cannot be re-opened.
2. The learned Advocates for petitioners also informed that they have informed Mr. B. N. Jaipurkar, learned counsel for the employer in some of the matters.
3. The learned A.G.P. and Mr. Bagul, learned counsel for the employer in some of the matters submit that, in view of the Government Resolution dated 21.12.2019, the employer has rightly placed the petitioners on supernumerary posts.
4. It appears from the judgments on record that the tribe claims of the petitioners as belonging to Scheduled Tribe are invalidated by the committee. The petitioners filed writ petitions before this Court at Nagpur. The invalidation of their tribe claims was upheld by the Division Bench of this Court at Nagpur, however, were granted protection in service. The said judgment has become final.
5. This Court in its judgment and order dated 04.05.2021 in Writ Petition No. 903 of 2020 with other connected matters held that, once the protection granted by this Court has become final, such employees cannot be placed on supernumerary posts.
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6. For the reasons recorded in the judgment and order dated 04.05.2021 in Writ Petition No. 903 of 2020 with other connected writ petitions, the impugned order placing the petitioners on supernumerary posts is quashed and set aside.
7. The writ petitions are disposed of. No costs.
[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga ::: Uploaded on - 02/09/2021 ::: Downloaded on - 10/10/2021 02:05:01 :::