Ravikumar S/O Dakram Chouke vs The Scheduled Tribe Caste ...
2016 Latest Caselaw 6933 Bom

     WP 5067.16 (J) .odt                            1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                    
                                   NAGPUR BENCH : NAGPUR




                                                            
                              WRIT PETITION NO.5067 OF 2016

     Ravikumar s/o Dakram Chauke,




                                                           
     Aged about 26 years,
     Occupation-Service, R/o. Tudmapuri,
     Post-Satalwada, Tahsil-Sakoli,
     District-Bhandara.                                      ..             Petitioner 




                                                  
                                    .. Versus ..

     1]
                             
            The Scheduled Tribe Caste Scrutiny
            Committee, Adiwasi Vikas Bhavan,
            Giripeth, Nagpur, through its
                            
            Secretary.

     2]     The Executive Engineer,
            Maharashtra State Electricity
            Distribution Co. Ltd., (MSEDCL),
      


            Office at 2nd Floor, Administrative
            Building, Arni Road, Yavatmal Division,
   



            Yavatmal-445 001.                                ..             Respondents


                             ..........
     Ms. P.D. Rane, counsel for the petitioner,





     Shri A.A Madiwale, AGP for respondent no.1.
                             .......... 


                                    CORAM :  SMT. VASANTI  A  NAIK  AND
                                             MRS. SWAPNA JOSHI, JJ.

DATED : DECEMBER 05, 2016.

ORAL JUDGMENT : (Per : SMT. VASANTI A NAIK, J.)

Rule. Rule made returnable forthwith. The petition is heard

finally at the stage of admission as the respondents are duly served.

By this writ petition, the petitioner seeks a direction against the

Scrutiny Committee to decide the caste claim of the petitioner within a time

frame. The petitioner seeks a direction against the respondent no.2-Company

to protect the services of the petitioner, till his caste claim is decided.

Shri Madiwale, the learned Assistant Government Pleader

appearing for 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.

Since the caste claim of the petitioner is pending with the Scrutiny

Committee, the services of the petitioner cannot be terminated for not

producing the caste validity certificate. Hence, we dispose of the writ petition

with a direction to the Scrutiny Committee to decide the caste claim of the

petitioner within fifteen months. We direct the respondent no.2-Company to

protect the services of the petitioner, till his caste claim is decided.

Rule is made absolute in the aforesaid terms with no order as to

costs.

                                      JUDGE                                       JUDGE

     Gulande, PA