Bombay High Court
Sharad S/O Wasudeo Gonnade vs Vice-Chairman And Joint ... on 22 June, 2016
Bench: V.A. Naik
wp.2566.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO.2566/2016
Sharad s/o Wasudeo Gonnade
Aged about 44 years, occu: service
R/o Near Marathi Uchcha Primary
School, Sitabuldi,
Armori, Tah.Armori, Dist.Gadchiroli. ..PETITIONER
v e r s u s
1) Vice-Chairman and
Joint Commissioner,
Scheduled Tribe Caste Certificate
Scrutiny Committee, Gadchiroli.
2) Deputy Conservator of Forest
Wadsa Forest Division, Wadsa
Dist.Gadchiroli.
3) Headmaster
Mahatma Gandhi Higher Secondary
School, Armori, Dist. Gadchiroli
(Res.No.3 deleted as
per Court's order dated 3.5.2016.) .. ...RESPONDENTS
...........................................................................................................................
Mr. S. R. Narnaware, Advocate for petitioner
Mr. S.M. Ghodeswar, Assistant Government Pleader for Res. Nos.1 &2
............................................................................................................................
CORAM: SMT. VASANTI A. NAIK &
SMT . SWAPNA JOSHI, JJ
.
DATED : 22 June, 2016
nd
ORAL JUDGMENT: (PER SMT.VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The petition is heard
wp.2566.16
finally at the stage of admission, with the consent of the learned counsel for
the parties.
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
judgment reported in 2015 (1)Mh.L.J. 457.
The petitioner was appointed as a Forest Guard, on a post
reserved for the Scheduled Tribes on 17.7.1995. The caste claim of the
petitioner was referred to the Scrutiny Committee, for verification. The
Scrutiny Committee has, by the order dated 25.1.2016 invalidated the claim of
the petitioner of belonging to 'Halba' Scheduled Tribe. The petitioner had
initially challenged the order of the Scrutiny Committee but the petitioner has
now given up the said prayer and has sought the protection of his service, in
view of the judgment of the Full Bench, as 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 fraudulently sought the benefits meant for
the 'Halba' Scheduled Tribe.
Shri S.M. Ghodeswar, the learned Assistant Government Pleader
appearing on behalf of the respondents, does not dispute that the petitioner
was appointed before the cut off date in the year 1995 and there is no
observation in the order of the Scrutiny Committee that the petitioner has
fraudulently sought the benefits meant for the 'Halba' Scheduled Tribe. It is
stated that an appropriate order my be passed in the case of the petitioner.
wp.2566.16
On hearing the learned counsel for the parties and on a perusal
of the order of the Scrutiny Committee, we find that the services of the
petitioner are required to be protected. The petitioner was admittedly
appointed before the cut off date and there is no adverse observation against
the petitioner in the order of the Scrutiny Committee, except that the
petitioner does not belong to 'Halba' Scheduled Tribe. Since both the
conditions that are required to be satisfied while seeking protection of
services, stand satisfied in the case of the petitioner, the services of the
petitioner are required to be protected on the post of Forest Guard.
Hence, for the reasons aforesaid, the Writ Petition is allowed. The
respondent no.2 is directed to protect the services of the petitioner on the post
of Forest Guard, on the condition that the petitioner submits an undertaking
before the respondent no.2 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 JUDGE
sahare
