Bombay High Court
Rameshwar S/O Ramdhan Tayde vs Chief Executive Officer, Zilla ... on 18 April, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.692/2016
Rameshwar s/o Ramdhan Tayde,
aged about 47 years, Occ. Nil,
r/o Gotmara, Po. Korada Bazar,
Tq. Motala, Dist. Buldhana .....PETITIONER
...V E R S U S...
1. Chief Executive Officer,
Zilla Parishad, Buldhana, Tq. Dist.
Buldhana.
2. Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati Division, Amravati,
through its Chairman ...RESPONDENTS
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Mr. M. V. Bute, Advocate for petitioner.
Mr. S.M.Ukey, Advocate for respondent no.1.
Mr. N. P. Patil, Assistant Government Pleader for respondent no.2
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CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :- APRIL 18, 2016
ORAL JUDGMENT (Per : Smt. Vasanti A. Naik, J.)
Rule. Rule made returnable forthwith. Heard finally with
the consent of the learned counsel for the parties.
2. By this petition, the petitioner seeks a direction against the
respondent-Zilla Parishad to reinstate him in service and protect his
services in view of the judgment of the Full Bench in the case of Arun
Vishwnath Sonwane..vs..State of Maharashtra and others reported
in 2015 (1) Mh. L. J. 457.
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3. The petitioner was appointed as a Primary Teacher in Zilla
Parishad, Buldana on a post earmarked for the Scheduled Tribes on
13.02.1996. The petitioner claimed to belong to Koli Mahadev-
Scheduled Tribe and the caste claim of the petitioner was referred to
the Scrutiny Committee for verification. The Scrutiny Committee
invalidated the caste claim of the petitioner by an order dated
26.03.2007. The petitioner's services were terminated after his caste
claim was invalidated. The petitioner has sought to challenge the order
of termination dated 24.10.2008 and has further sought the protection
of his services in view of the judgment of the Full bench.
4. It is submitted on behalf of the petitioner that the petitioner
was appointed before the cut off date on 13.02.1996 and there is no
observation in the order of the Scrutiny Committee that the petitioner
has fraudulently secured the benefits meant for the Koli Mahadeo-
Scheduled Tribe. It is stated that the caste claim of the petitioner was
invalidated as the petitioner could not prove the same on the basis of
the documents and the affinity test. It is stated that the petitioner has
given up his claim of belonging to Koli Mahadeo-Scheduled Tribe and is
ready to furnish the undertaking in this respect.
5. Mr. Ukey, the learned counsel for the respondent no.1 and
Mr. Patil, the learned Assistant Government Pleader for the respondent
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no.2 do not dispute the position of law, as laid down by the Full Bench.
It is not disputed by the learned counsel for the Zilla Parishad that the
petitioner was appointed before the cut off date in February-1996 and
there is no observation in the order of the Scrutiny Committee that the
petitioner had played fraud while securing the benefits meant for the
Koli Mahadeo-Scheduled Tribe. It is stated that an appropriate order
may be passed.
6.
On hearing the learned counsel for the parties and on
perusal of the order of the Scrutiny Committee as also the judgment of
the Full Bench, it appears that the services of the petitioner are required
to be protected. The petitioner has worked with the respondents for a
period of more than 12 years. The petitioner was appointed before the
cut off date and there is no observation in the order of the Scrutiny
Committee that the petitioner had played fraud while securing the
benefits meant for Koli Mahadeo-Scheduled Tribe. It is rightly
submitted on behalf of the Zilla Parishad that though the petitioner
would be entitled to reinstatement and continuity of service, the
petitioner should not be entitled to the arrears of salary or other
monetary benefits flowing from the order of the continuity of service
after reinstatement.
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7. Hence, for the reasons aforesaid, the writ petition is
allowed. The respondent-Zilla Parishad is directed to reinstate the
petitioner in service on the condition that the petitioner furnishes an
undertaking in this Court and to the respondent-Zilla Parishad within a
period of four weeks that neither the petitioner nor his progeny would
claim the benefits meant for Koli Mahadeo-Scheduled Tribe, in future.
The Zilla Parishad is directed to reinstate the petitioner in the service
within a period of two weeks from the date of receipt of the
undertaking. Though, the petitioner would be entitled to the
reinstatement and continuity of service, the petitioner would not be
entitled to the arrears of salary and the other monetary benefits flowing
from the order of continuity of service, for the period during which the
petitioner was out of service.
Rule is made absolute in the aforesaid terms with no order
as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)
kahale
