Bombay High Court
Vinod S/O Devidas Chunkikar vs Schedule Tribe Caste Certificate ... on 21 July, 2016
Bench: V.A. Naik
wp.3649.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 3649 /2016
Vinod s/o Devidas Chunkikar
Aged about 47 years
occupation: Service
R/o Pundlik Baba Nagar
Tower Line, VMV Campus
Amravati, Tah.& Dfist. Amaravati.
ig ..PETITIONER
v e r s u s
1) Schedule Tribe Caste Certificate
Scrutiny Committee
Through its Member Secretary
Bhatkuli Road, Amravati.
2) The Divisional Controller
Maharashtra State Road Transport Corporation
Amravati. ...RESPONDENTS
...........................................................................................................................
Mr. S.D.Khati, Advocate for petitioner
Mrs.Ritu Kalia, Assistant Government Pleader for
Respondent No.1
Mr. V.G.Wankhede, Advocate for Respondent no.2
............................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
MRS. SWAPNA JOSHI, JJ
.
DATED : 21 July, 2016
st
ORAL JUDGMENT: (PER SMT.VASANTI A. NAIK, J.)
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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.
The only prayer made in the instant petition is for a direction to
the respondent-Corporation to reinstate the petitioner in service and protect
his services, in view of the judgment of the Full Bench, reported in 2015 (1)
Mh.L.J. 457 (Arun Sonone vs. State).
The petitioner was appointed as a Helper in the respondent
no.2-MSRTC, on 8.7.1995, on a post that was earmarked for the Scheduled
Tribes. The petitioner claimed to belong to 'Mahadeo Koli' Scheduled Tribe
and the caste claim of the petitioner was invalidated by the Scrutiny
Committee, by the order dated 14th December, 2006. On the invalidation of
the caste claim, the services of the petitioner were terminated by the
respondent-Corporation, in the year 2012. In view of the judgment of the Full
Bench, the petitioner has sought the protection of his services.
It is stated on behalf of the petitioner that the conditions that
are required to be satisfied while seeking the protection of services, have
been satisfied in the case of the petitioner inasmuch the petitioner was
appointed before the cut off date in the year 1995 and there is no observation
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in the order of Scrutiny Committee that the petitioner has fraudulently
secured the benefits meant for the 'Koli Mahadeo' Scheduled Tribe. It is stated
that in this background, a direction to the respondent no.2 to reinstate the
petitioner on the post of Helper would be necessary.
Shri V.G. Wankhede, the learned counsel for the respondent no.2
Corporation does not dispute that the petitioner was appointed before the cut
off date and there is no observation in the order of the Scrutiny Committee
that the petitioner had fraudulenty secured the benefits meant for the 'Koli
Mahadeo' Scheduled Tribe. It is stated that the petitioner would not be
entitled for the monetary benefits for the period during which he was out of
service.
It is clear from the statements recorded herein-above that the
conditions that are required to be satisfied while seeking the protection of
services stand satisfied in the case of the petitioner. The Scrutiny Committee
has invalidated the caste claim of the petitioner merely because the petitioner
was not able to prove the same on the basis of the documents and the
affinity test. Since the petitioner has given up his caste claim, it would be
necessary to direct the respondent-Corporation to reinstate the petitioner in
service but without back wages, though the petitioner would be entitled to
continuity of service.
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Hence, for the reasons aforesaid,the Writ Petition is allowed. The
Respondent No.2-Corporation is directed to reinstate the petitioner on the post
of Helper, on the condition that the petitioner furnishes an undertaking in this
Court as well as to the respondent no.2-Corporation within four weeks that
neither the petitioner nor his progeny would seek the benefits meant for 'Koli
Mahadeo' Scheduled Tribe, in future. The Respondent-Corproation is
directed to reinstate the petitioner within a period of two weeks from the
date of furnishing of the undertaking. Though the petitioner would be
entitled to reinstatement and continuity in service, the petitioner would not
be entitled to the arrears of salary or other 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
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C E R T I F I C AT E
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