Bombay High Court
Hanumansingh Fattebhadursingh ... vs State Of Maharashtra Thr.Secty. & ... on 14 June, 2016
Bench: B.P. Dharmadhikari
wp4868.03 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 4868 OF 2003
Hanumansingh Fattebhadursingh
Thakur, aged - Adult, occupation/
Service - Nil, Anikat Police Lines,
Near to Hanuman Akhada,
Nazul Plot, Akola. ... PETITIONER
Versus
1. State of Maharashtra
through Secretary,
Tribal Welfare Department,
Mantralaya, Mumbai 400 032.
2. State of Maharashtra,
through Secretary,
Home Department,
Mantralaya, Mumbai 400 032.
3. Committee for Verification of
ST Caste Certificate at Nagpur,
through its Secretary, Adivasi
Vikas Bhawan, Giripeth, Nagpur.
4. Commandant,
State Reserve Police Force,
Gate No. 9, Amravati. ... RESPONDENTS
Shri Ram Karode, Advocate for the petitioner.
Shri N.H. Joshi, AGP for respondent Nos. 1 to 3.
.....
CORAM : B.P. DHARMADHIKARI &
KUM. INDIRA JAIN, JJ.
JUNE 14, 2016.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)
Heard Shri Karode, learned counsel for the
petitioner and Shri Joshi, learned AGP for respondent Nos. 1 to
3.
2. The petitioner joined employment on 02.09.1989 as
a candidate belonging to Thakur, Scheduled Tribe with State
Reserve Police Force. He has been terminated as per final order
dated 08.09.2003 on account of invalidation of his caste claim
by the Scrutiny Committee. The order of Scrutiny Committee is
dated 08.11.1997. By that order, the caste certificate issued to
him on 03.07.1989 has been cancelled. The petitioner has also
produced before this Court similar certificate issued on
09.12.1983 in his favour.
3. Upon instructions, Shri Karode, learned counsel
states that the petitioner restricts his challenge only to grant of
protection in employment in terms of Full Bench judgment of
this Court in the case of Arun Vishwanath Sonone vs. State of
Maharashtra & Ors., 2015 (1) Mh.L.J. 457.
4. This Court has while issuing Rule in the matter on
10.09.2004 granted interim relief and protected the
employment of the petitioner.
5. A perusal of order of the Scrutiny Committee does
not show any finding of fraud played by the petitioner for the
purposes of procuring certificate or employment. The order of
termination dated 08.09.2003 is only based upon the said order
of Scrutiny Committee.
6. In this situation, we find the petitioner entitled to
protection of employment in terms of Full Bench judgment of
this Court mentioned supra.
7. Therefore, subject to the petitioner filing an
undertaking before the Registry of this Court, with his employer
and with Respondent No 3 - Scrutiny Committee that neither
he, nor his progeny shall claim benefit or status as Thakur,
Scheduled Tribe, within a period of six weeks from today, his
employment shall remain protected and shall not be disturbed
only on account of the order of Scrutiny Committee dated
08.11.1997.
8. Writ Petition is thus partly allowed and disposed of.
Rule is made absolute in above terms. However, in the facts
and circumstances of the case, there shall be no order as to
costs.
JUDGE JUDGE
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*GS.
