Bombay High Court
Shri Kishor S/O Narayan Sonune vs Chief Executive Officer, Zilla ... on 9 December, 2016
Bench: V.A. Naik
wp.6921.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO.6921/2016
Shri Kishor s/o Narayan Sonune
Aged about 39 years, occu: Nil
R/o Ruikhed (Mayamba)
Dongar, Tq.Buldhana, Dist.Buldhana. ..PETITIONER
v e r s u s
1) Chief Executive Officer
Zilla Parishad, Buldhana
Dist. Buldhana.
2) District Health Officer
Zilla Parishad, Buldhana
Dist. Buldhana,
3) Health Officer
Primary Health Centre,
Rohana Tq.Dist. Buldhana.
4) The Scheduled Tribe Caste Certificate
Scrutiny committee, Armavati Division
Amravati Through it Member-Secretary
having its office at Irwin Chowk
Amravati,Dist.Amravati. ...RESPONDENTS
...........................................................................................................................
Shri V.N.Patre, Advocate for petitioner
Mrs. I.L.Bodade with Shri Gopal Mishra, Advocate for Respondent Nos. 1 to 3
Ms. Tajwar Khan, Asst. Government Pleader for Respondent no.4
............................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
MRS . SWAPNA JOSHI, JJ
.
DATED : 9 December, 2016
th
wp.6921.16
ORAL JUDGMENT: (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. By this Writ Petition, the petitioner challenges the order of his
termination, dated 17.9.2013 and seeks the protection of his service after
his reinstatement, by relying on the judgment of the Full Bench, reported in
2015(1) Mh.L.J. 457.
3. The petitioner was appointed as an Health Worker on 12.12.1997
on a post earmarked for Scheduled Tribes. The petitioner claimed to belong to
'Koli Mahadeo' Scheduled Tribe and the caste claim of the petitioner was
referred to the Scrutiny Committee, for verification. Since the petitioner had
not submitted the caste validity certificate to the respondents, the respondent
nos.1 and 2 terminated the services of the petitioner on 17.9.2013 without
waiting for the decision of the Scrutiny Committee. The Scrutiny Committee
has invalidated the caste claim of the petitioner by the order dated 29.8.2016.
Since the petitioner was appointed before the cut off date and since there is no
observation in the order of the Scrutiny Committee that the petitioner
fraudulently secured the benefits meant for the 'Koli Mahadeo' Scheduled
Tribe, the petitioner has sought the protection of his services, in view of the
judgment of the Full Bench.
wp.6921.16
4. Shri Patre, the learned counsel for the petitioner submitted that
the case of the petitioner stands covered by the judgment of the Full Bench
and the petitioner would be entitled to reinstatement and protection of his
services, as the petitioner was appointed before the cut off date in the year
1997 and there is no observation in the order of the Scrutiny Committee about
any fraud being practised by the petitioner, while seeking the benefits meant
for the 'Koli Mahadeo' Scheduled Tribe. It is stated that the caste claim of the
petitioner is invalidated as the petitioner could not prove the same on the basis
of the documents and the affinity test.
5. Miss Tajwar Khan, the learned Assistant Government Pleader for
the respondent no.4 and the learned counsel for the respondent nos.1 to 3 do
not dispute the position of law, as laid down by the Full Bench. It is admitted
that the petitioner was appointed before the cut off date and there is no
adverse observation against the petitioner in the order of the Scrutiny
Committee, except that the caste claim of the petitioner is invalidated. It is
fairly admitted that a finding of fraud is not recorded against the petitioner in
the order of the Scrutiny Committee.
6. On a reading of the judgment of the Full Bench and the order of
the Scrutiny Committee, it appears that both the conditions that are required
to be satisfied while seeking the protection of the services, in view of the
judgment of the Full Bench, stand satisfied in the case of the petitioner. The
wp.6921.16
petitioner was appointed in the year 1997 i.e. before the cut off date and
there is no observation in the order of the Scrutiny Committee that the
petitioner had fraudulently secured the benefits meant for the 'Koli Mahadeo'
Schedule Tribe. The services of the petitioner need to be protected.
7. Hence, for the reasons aforesaid, the Writ Petition is allowed.
The respondent nos. 1 to 3 are directed to reinstate the petitioner on the post
of Health Worker, on the condition that the petitioner tenders an undertaking
in this Court and before the respondent nos. 2 and 3 within a period of four
weeks that neither the petitioner nor his progeny would claim the benefits
meant for the 'Koli Mahadeo' Scheduled Tribe, in future. The respondent nos.1
to 3 should reinstate the petitioner within two weeks from the date of
submission of the undertaking. It is needless to mention that though the
petitioner is entitled to continuity of service, the petitioner would not be
entitled to the arrears of salary or any other monetary benefits flowing from
the order of continuity of service for the period during which he was out of
service.
Rule is made absolute in the aforesaid terms, with no order as to
costs.
JUDGE JUDGE
sahare
