Waman S/O. Kshirsagar Nandanwar vs Regional Provident Fund ...
2016 Latest Caselaw 4046 Bom

                                                                                            wp2844.16.odt

                                                          1




                                                                                              
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH AT NAGPUR




                                                                    
                                     WRIT PETITION NO.2844/2016

         PETITIONER:                Waman s/o Kshirsagar Nandanwar, 




                                                                   
                                    Aged about 56 years, Occ. Service as 
                                    Accounts Officer at Ahmedabad Regional Provident
                                    Fund Office, Resident of Plot No.70, 
                                    Mahajan Colony, N-2, CIDCO, Ahmedabad. 




                                                   
                                                       ...VERSUS...
                             
         RESPONDENTS :     1.  Regional Provident Fund Commissioner - 1, 
                                Regional Office, 132-A, Ridge Road, Raghuji 
                                Nagar, Nagpur - 44009.
                            
                                    2.  Chairman, Scheduled Tribe Caste Certificate 
                                         Scrutiny Committee, Near Integrated Tribal 
                                         Project Office Complex Arda, Gadchiroli - 
                                         442605.
      


         -----------------------------------------------------------------------------------------------------
   



                           Shri N.C. Phadnis, Advocate for petitioner 
                           Ms U.R. Tanna, Advocate for respondent no.1
                           Mrs. K.R. Deshpande, AGP for respondent no.2
         -----------------------------------------------------------------------------------------------------





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

DATE : 21.07.2016

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

Rule. Rule 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 a direction against

the Scrutiny Committee to decide the caste claim of the petitioner, within

wp2844.16.odt

a time frame. The petitioner seeks a direction against the respondent -

Provident Fund Authorities to protect the services of the petitioner, till his

caste claim is decided.

Mrs. Deshpande, the learned Assistant Government Pleader

appearing on behalf of the Scrutiny Committee states, on instructions,

that the caste claim of the petitioner is received by the Scrutiny

Committee through the Provident Fund Authorities and the same would

be decided as early as possible.

In view of the statement made by the learned Assistant

Government Pleader, we allow the writ petition. The Scrutiny Committee

is directed to decide the caste claim of the petitioner, within fifteen

months from the date of appearance of the petitioner before the Scrutiny

Committee. The petitioner undertakes to appear before the Scrutiny

Committee on 04.08.2016. Since the petitioner was not at fault in not

producing the caste validity certificate, we quash the impugned notice and

direct the respondent - Provident Fund Authorities 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

         Wadkar





                                                                               wp2844.16.odt






                                                                                
                                                        
                                         C E R T I F I C A T E

I certify that this judgment uploaded is a true and correct

copy of original signed judgment.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 22/07/2016 ig