Smt. Nilima Keshaorao Hedaoo vs Chief Executive Officer, Zilla ...
2016 Latest Caselaw 1923 Bom

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




                                                                                              
                                   WRIT PETITION NO.11/2016




                                                                    
          Smt. Nilima Keshaorao Hedaoo,
          aged about 38 years, Occ. Assistant Teacher,
          Zilla Parishad Prathmik Mulanchi Shala,
          Jarud, r/o Surya Nagar, Warud,




                                                                   
          Dist. Amravati.                            .....PETITIONER

                                     ...V E R S U S...

     1. Chief Executive Officer, Zilla Parishad,




                                                   
        Amravati.
                              
     2. The Education Officer (Prathmik),
        Zilla Parishad, Amravati.

     3. The Scheduled Tribe Caste Certificate
                             
        Scrutiny Committee through its 
        Member Secretary, Adiwasi Vikas Bhavan,
        Giripeth, Nagpur.                       ...RESPONDENTS
      

     ---------------------------------------------------------------------------------------------------
     Shri P. R. Parsodkar, Advocate for petitioner.
   



     Shri P. B. Patil, Advocate for respondent nos. 1 and 2.
     Shri Nikhil Joshi, Assistant Government Pleader for respondent no.3.
     --------------------------------------------------------------------------------------------------

                                     CORAM:-  SMT. VASANTI A. NAIK AND





                                               V. M. DESHPANDE, JJ.

DATED :- APRIL 27, 2016

ORAL JUDGMENT (Per : Smt. Vasanti A. Naik, J.)

Rule. Rule returnable forthwith. Heard finally with the

consent of the learned counsel for the parties.

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

proposed termination, dated 19.03.2015 intending to terminate the

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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 as an Assistant Teacher by the

respondent-Zilla Parishad on a post earmarked for the Scheduled

Tribes. The caste claim of the petitioner was referred to the Scrutiny

Committee for verification. The Scrutiny Committee has not decided

the caste claim of the petitioner and the respondent-Zilla Parishad has

threatened to terminate the services of the petitioner in the absence of

the caste validity certificate.

4. Shri Niraj Patil, the learned Assistant Government Pleader

appearing on behalf of the 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.

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

Government Pleader, we allow the writ petition. Since the petitioner is

not at fault in not producing the caste validity certificate, we quash and

set aside the impugned order of proposed termination. The Scrutiny

Committee is directed to decide the caste claim of the petitioner within

a period of 15 months. The petitioner is directed to remain present

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before the Scrutiny Committee on 25.05.2016. Since, the petitioner

was not at fault in not producing the caste validity certificate, the

respondent-Zilla Parishad should protect the services of the petitioner

till her caste claim is decided. Rule is made absolute in the aforesaid

terms with no order as to costs.

(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)

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