Bombay High Court
Jyoti D/O Rangnath Shinde vs State Of Maharashtra Thr. ... on 17 June, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1444/2016
PETITIONER: Jyoti d/o Rangnath Shinde,
Aged about 44 years, Occ. Service
as Lady Health Visitor (LHV), presently
attached to Primary Health Center,
Aghai, Taluka Shahpur, District Thane,
permanent resident of Saraswati Nagar,
Tukaram Chowk, Akola - 444001.
ig ...VERSUS...
RESPONDENTS : 1. State of Maharashtra through its
Secretary, Ministry of Tribal Welfare
Department, Mantralaya, Mumbai - 400032.
2. Chief Executive Officer, Zilla Parishad,
Thane.
3. Scheduled Tribe Certificate Scrutiny
Committee, Irwin Square, Amravati
through its Member - Secretary.
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Shri Kunal Nalamwar, Advocate for petitioner
Shri A.M. Balpande, AGP for respondent nos.1 and 3
Shri J.B. Kasat, Advocate for respondent no.2
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CORAM : SMT. VASANTI A. NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 17.06.2016
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.
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By this petition, the petitioner challenges the order, dated
20.2.2016 reverting the petitioner from the post of Lady Health Visitor to
the post of Auxiliary Nurse Midwife. The petitioner seeks a direction to
the respondent - Scrutiny Committee to decide the caste claim of the
petitioner, within a time-frame.
Shri Nalamwar, the learned Counsel for the petitioner
submitted that though the caste claim of the petitioner is pending before
the Scrutiny Committee for verification and the petitioner was not at fault
in not tendering the caste validity certificate to the respondent - Zilla
Parishad, the Zilla Parishad has wrongly reverted the petitioner from the
post of Lady Health Visitor to the post of Auxiliary Nurse Midwife. It is
stated that in the circumstances of the case, the impugned order is liable
to be quashed and set aside and a direction to the respondent - Scrutiny
Committee to decide the caste claim of the petitioner, within a
time-frame, is required.
Shri Balpande, the learned Assistant Government Pleader
appearing for the Scrutiny Committee states, on instructions, that the
caste claim of the petitioner is pending for verification and the same
would be decided as early as possible.
Shri Kasat, the learned Counsel for the Zilla Parishad states
that since it was necessary for the petitioner to produce the caste validity
certificate within a reasonable time and since the same was not produced,
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the petitioner was reverted.
On hearing the learned Counsel for the parties, it appears
that the prayers made by the petitioner are required to be granted. The
petitioner was not at fault in not producing the caste validity certificate.
The caste claim of the petitioner is pending before the Scrutiny
Committee for verification since long. In the absence of verification of the
claim, the petitioner could not have produced the caste validity certificate.
The respondent - Zilla Parishad was not justified in reverting the
petitioner, in the circumstances of the case.
Hence, for the reasons aforesaid, the writ petition is
allowed. The impugned order of reversion is quashed and set aside. The
respondent - Scrutiny Committee is directed to decide the caste claim of
the petitioner as early as possible and positively within a period of
eighteen months.
The services of the petitioner are protected till her caste
claim is decided.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
