Vishnu Ramrao Gadekar vs State Of Maha. Thr Secretary ...
2016 Latest Caselaw 1198 Bom

                                                 1/3                     0404WP1398.16-Judgment




                                                                                              
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.




                                                                    
                          WRIT PETITION NO.  1398   OF    2016


     PETITIONER :-                        Vishnu   Ramrao   Gadekar,   Aged   :   40   yrs., 




                                                                   
                                          Occ.-Service,   R/o   Post   Ambikanagar, 
                                          Amdapur   Road,   Janefal,   Tah.   Mehkar,   Dist. 
                                          Buldhana. 

                                             ...VERSUS... 




                                                   
     RESPONDENTS :-            ig    1) State of Maharashtra, Through its Secretary, 
                                        Social   Justice   and   Empowerment 
                                        Department, Mantralaya, Mumbai-32. 
                             
                                     2) Divisional   Caste   Certificate   Scrutiny 
                                        Committee   No.2,   Amravati   Division, 
                                        Amravati.  
      

                                     3) Saraswati   Shikshan   Samiti,   Janefal,   Tal. 
                                        Mehkar,   District   Buldhana,   through   its 
                                        President. 
   



                                     4) Shri   Saraswati   Vidyalaya,   Janefal,   Tal. 
                                        Mehkar, District Buldhana, through its Head 
                                        Master.  





      

     ---------------------------------------------------------------------------------------------------
                        Mr. P. S. Khubalkar, counsel for the petitioner.
         Mr. N.R. Patil, Asstt. Govt. Pleader for the respondent Nos.1 and 2.





             Mr. Sumit G. Joshi, counsel for the respondent Nos.3 and 4. 
     ---------------------------------------------------------------------------------------------------



                                               CORAM : SMT. VASANTI A. NAIK &
                                                       V. M.DESHPANDE, JJ.

DATED : 04.04.2016

2/3 0404WP1398.16-Judgment

O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)

Rule. Rule made returnable forthwith. The petition is

heard finally with the consent of the learned counsel for the parties.

2. By this writ petition, the petitioner seeks a direction to the

respondent-Scrutiny Committee to decide the caste claim of the

petitioner within a time frame. The petitioner also challenges the notice

of proposed termination, dated 10/02/2016 intending to terminate the

services of the petitioner for not producing the caste validity certificate.

3. It is the case of the petitioner that the caste claim of the

petitioner is pending before the Scrutiny Committee, since 2013 and the

respondent Nos.3 and 4 have issued a notice of termination to the

petitioner, though the petitioner is not at fault in not producing the

caste validity certificate.

4. Shri Patil, the learned Assistant Government Pleader

appearing on behalf of the respondent-Scrutiny Committee, states on

instructions that the caste claim of the petitioner is pending before the

Scrutiny Committee and the same would be decided as early as

possible.

3/3 0404WP1398.16-Judgment

5. In view of the statement made by the learned Assistant

Government Pleader, we allow the writ petition. The respondent-

Scrutiny Committee is directed to decide the caste claim of the

petitioner within a period of eight months. Since the petitioner is not at

fault in not producing the caste validity certificate, the services of the

petitioner are protected till his caste claim is decided. Rule is made

absolute in the aforesaid terms with no order as to costs.

                                   JUDGE                                   JUDGE 
      


     KHUNTE