Bombay High Court
Anil Gangadhar Kohade vs Schedule Tribe Caste Cert. ... on 5 July, 2016
Bench: V.A. Naik
wp.3406.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 3406/2016
Anil Gangadhar Kohade
Aged about 46 years, occu: service
R/o Flat No. 100 "Shivprasanna"
Shilpa Society, Near Shanidham,
Narendra Nagar, Nagpur. ..PETITIONER
v e r s u s
1) Scheduled Tribe Caste Certificate
Scrutiny Committee
Through its Member-Secretary
Gadchiroli.
2) The Controller,
Legal Metrology Department
Maharashtra State, Govt. Barrak No.7
Free Press Journal Marg
Nariman Point, Mumbai-440 021.
3) Assistant Controller,
Legal Metrology
Amravati District, Chaprashipura
Near Borade Hospital, Amaravati. .. ...RESPONDENTS
...........................................................................................................................
Mr. S.D.Khati, Advocate for petitioner
Mr.V.P.Gangane, Assistant Government Pleader for
............................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
MRS. SWAPNA JOSHI, JJ
.
DATED : 5 July, 2016
th
wp.3406.16
ORAL JUDGMENT: (PER MRS. SWAPNA JOSHI, J.)
1. 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 seeks the protection of his
services, in view of the law laid down by the Full Bench of this Court, in the
case of Arun Sonone vs. State of Maharashtra, reported in 2015 (1)Mh.L.J.
457.
3. The petitioner was appointed as an Inspector of Legal Metrology
by the respondent no.2, vide appointment order dated 21/27th May, 1997. The
respondent no.2 issued an order dated 22.11.2005 thereby confirming the
services of the petitioner with effect from 2.6.2000. The petitioner was issued
caste certificate as belonging to 'Halba' Scheduled Tribe, by the Executive
Magistrate, Armori, dated 17.9.1983. The caste claim of the petitioner was
referred to the respondent no.1-Committee for adjudication, vide order dated
27.05.2016. The caste claim of the petitioner was invalidated holding that the
petitioner does not belong to 'Halba' Scheduled Tribe. According to the
petitioner since the respondent no.1 had invalidated the caste claim of the
petitioner, he apprehends that, on the basis of the order passed by respondent
no.1-Committee, the respondent nos. 2 and 3 may, at any point of time, take
an action against the petitioner, in respect of his services.
wp.3406.16
4. Shri S.D.Khati, the learned counsel for the petitioner vehemently
argued that in view of the judgment reported in 2015(1) Mh.L.J. 457, the
services of the petitioner are to be protected on the ground that, firstly, there
is no observation in the order of the Scrutiny Committee that the petitioner
had fraudulently sought the benefits meant for the 'Halba' Scheduled Tribe
and, secondly, the petitioner was appointed before the cut off date i.e.
28.11.2000.
5.
Shri V.P.Gangane, the learned Assistant Government Pleader
appearing on behalf of the respondent nos.1 to3, does not dispute the legal
position. He fairly admits that there is no observation in the order of the
Scrutiny Committee that the petitioner had fraudulently secured the benefits
meant for 'Halba' scheduled Tribe, except that the petitioner does not belong
to 'Halba' Scheduled Tribe.
6. After hearing both the sides and on a perusal of the documents
on record, it is noticed that 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 has fraudulently secured the benefits meant for
the 'Halba' Scheduled Tribe, the services of the petitioner are required to be
protected on the post of Inspector of Legal Metrology, in view of the law laid
down by the Full Bench, cited supra.
7. For the above-said reasons, the Writ Petition is partly allowed.
The Respondent nos.2 and 3 are directed to protect the services of the
wp.3406.16
petitioner on the post of Inspector of Legal Metrology, on the condition that
the petitioner furnishes an undertaking before the respondent no.2 & 3 and
also in this Court, within a period of four weeks, that neither the petitioner
nor his progeny would claim the benefits meant for 'Halba' Scheduled Tribe, in
future.
Rule is made absolute in the aforesaid terms, with no order as to
costs.
JUDGE
ig JUDGE
sahare
