Bombay High Court
Ganesh Janardan Tapre vs Scheduled Tribe Caste ... on 9 August, 2016
Bench: V.A. Naik
WP 4230.16.[J]odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4230 OF 2016
Ganesh Janardan Tapre,
Aged about 48 yers,
Occupation-Service,
R/o. Shanti Nagar Pusad,
Tahsil-Pusad, District-Yavatmal. .. Petitioner
.. Versus ..
1] Schedule Tribe Caste Certificate
Scrutiny Committee through its
Member Secretary, Bhatkuli Road,
Amravati.
2] Divisional Controller,
Maharashtra State Road Transport
Corporation, Yavatmal. .. Respondents
.........
Shri S.D. Khati, counsel for the petitioner,
Shri V.P. Maldhure, A.G.P. for respondent no.1,
Shri A.S. Chakotkar, counsel h/f Shri V.G. Wankhede, counsel for R-2.
.........
CORAM : SMT. VASANTI A NAIK AND
MRS. SWAPNA JOSHI, JJ.
DATED : AUGUST 09, 2016.
ORAL JUDGMENT : (Per : SMT. VASANTI A NAIK, J.)
Rule. Rule is made returnable forthwith. The petition is heard
finally with the consent of the learned counsel for the parties.
By this writ petition, the petitioner seeks the protection of his
services on the post of Conductor in view of the judgment of the Full Bench,
reported in 2015 (1) Mh.L.J. 457 (Arun s/o Vishwanath Sonone .vs. State of
Maharashtra and others).
The petitioner was appointed as a Conductor on 20.8.1998 by the
respondent-Maharashtra State Road Transport Corporation on a post
earmarked for the scheduled tribes. The petitioner had claimed to belong to
Koli Mahadeo Scheduled Tribe. The scrutiny committee has invalidated the
caste claim of the petitioner by the order dated 29.6.2016. Since the
Corporation intends to terminate the services of the petitioner on the
invalidation of his caste claim, the petitioner has filed this writ petition seeking
the protection of his services.
Shri Khati, the learned counsel for the petitioner states that both
the conditions that are required to be satisfied while seeking the protection of
his services stand satisfied in the case of the petitioner, inasmuch, as the
petitioner was appointed before the cut off date in the year 1998 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 petitioner has given up his caste claim and the petitioner
would not claim any benefits meant for the Koli Mahadeo Scheduled Tribe, in
future.
The learned Assistant Government Pleader appearing for the
scrutiny committee and the learned counsel for the respondent-Corporation do
not dispute the position of law as laid down by the judgment of the full bench.
They also do not dispute that 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. The learned counsel for the
respondent-Corporation does not dispute that the petitioner was appointed
before the cut off date.
In view of the aforesaid, it is clear that the services of the
petitioner are required to be protected. The petitioner was appointed before
the cut off date 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.
Hence, for the reasons aforesaid, the writ petition is allowed. The
respondent-Corporation is directed to protect the services of the petitioner on
the post of Conductor, only on the condition that the petitioner furnishes an
undertaking in this court and before the respondent-Corporation within four
weeks that neither the petitioner nor his progeny would seek the benefits
meant for the Koli Mahadeo Scheduled Tribe, in future.
Rule is made absolute in the aforesaid terms with no order as to
costs.
JUDGE JUDGE
Gulande, PA
C E R T I F I C A T E
"I certify that this Judgment/Order uploaded is a true and correct copy of
original signed Judgment/Order."
Uploaded by : A.S. Gulande, P.A. Uploaded on : 12.8.2016.
