Ashlesh Ashokrao Ture vs Zilla Parishad Amravati Thr. ...
2016 Latest Caselaw 1848 Bom

                                                 1/3                     2604WP2283.16-Judgment




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




                                                                    
                          WRIT PETITION NO.  2283   OF    2016

     PETITIONER :-                        Ashlesh   Ashokrao   Ture,   Age-36   years,   Occ- 
                                          Service,   R/o-Changani   Nagar,   Near   Ravi 
                                          Nagar, Amravati, Tq. And Dist. Amravati. 




                                                                   
                                             ...VERSUS... 

     RESPONDENTS :-                  1.  Zilla   Parishad   Amravati,   Through   it's   Chief 




                                                   
                                         Executive Officer, Camp, Amravati, Tq. and 
                                         Dist. Amravati.  
                               ig    2. Education Officer (Primary), Zilla Parishad, 
                                        Camp, Amravati, Tq. and Dist. Amravati. 
                                     3. Block   Education   Officer,   Panchayat   Samiti 
                             
                                        Nandgaon   Khandeshwar,   Tq.   Nandgaon 
                                        Khandeshwar, Dist. Amravati. 
                                     4. Scheduled   Tribe,   VJ,   NT,   SBC,   Divisional 
                                        Caste   Certificate   Scrutiny   Committee   No.1, 
      

                                        Dr.   Babasaheb   Ambedkar   Social   Justice 
                                        Bhavan,   B-Wing,   1st  Floor,   Camp   Road, 
   



                                        Amravati.  
     ---------------------------------------------------------------------------------------------------
                           Mr. P. S. Patil, counsel for the petitioner.
                Mr. J. B. Kasat, counsel for the respondent Nos.1 and 2. 





        Mr. N. R. Rode, Asstt. Govt. Pleader for the respondent Nos.3 and 4.
     ---------------------------------------------------------------------------------------------------
                                               CORAM : SMT. VASANTI A. NAIK &
                                                       V.M.DESHPANDE, JJ.

DATED : 26.04.2016

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 at the stage of admission with the consent of the learned

counsel for the parties.

2/3 2604WP2283.16-Judgment

2. By this writ petition, the petitioner challenges the notice of

termination, dated 09/02/2016 intending to terminate the services of

the petitioner for not producing the caste validity certificate. The

petitioner seeks a direction to the Scrutiny Committee to decide the

caste claim of the petitioner within a time frame.

3. The petitioner was appointed by the respondent-Zilla

Parishad on the post of Assistant Teacher that was earmarked for the

Nomadic Tribes. The petitioner claims to belong to Tirmal Nomadic

Tribe and the caste claim of the petitioner was referred to the Scrutiny

Committee for verification. It is the case of the petitioner that the

Scrutiny Committee has not verified the caste claim of the petitioner

and the respondent-Zilla Parishad has threatened to terminate the

services of the petitioner.

4. Shri Rode, the learned Assistant Government Pleader

appearing for the Scrutiny Committee, states on instruction from the

Scrutiny Committee that the caste claim of the petitioner is not to be

found in the office of the Scrutiny Committee. It is stated that the

caste claim was allegedly referred to the Scrutiny Committee in the year

2001-02 and since the same is old, there is no information in regard to

the pendency of the claim or a decision on the same. It is stated that if

the petitioner again submits the necessary documents to the Scrutiny

Committee in the proper form, the Scrutiny Committee may decide the

caste claim of the petitioner as early as possible.

3/3 2604WP2283.16-Judgment

5. Shri Patil, the learned counsel for the petitioner, states that

the petitioner would supply the necessary documents including the

caste certificate to the respondent-Zilla Parishad within a period of six

weeks in the proper form, so that the same may be referred by the Zilla

Parishad to the Scrutiny Committee for verification.

6. In view of the statements recorded herein above, we partly

allow the writ petition. The petitioner is directed to supply the

necessary documents including the caste certificate in the proper form

to the respondent-Zilla Parishad within a period of six weeks. In turn,

the respondent-Zilla Parishad should submit the same to the Scrutiny

Committee for verification. The Scrutiny Committee should decide the

caste claim of the petitioner within a period of fifteen months from the

date of receipt of the same. The services of the petitioner are protected

till his caste claim is decided. If the petitioner fails to supply the

documents to the respondent-Zilla Parishad within the time stipulated,

the Zilla Parishad may consider taking appropriate action against the

petitioner. Rule is made absolute in the aforesaid terms with no order

as to costs.

                                   JUDGE                                         JUDGE 

     KHUNTE