Jagdish S/O. Maroti Ingle vs The Scheduled Tribes Caste ...
2016 Latest Caselaw 3177 Bom

    WP 2732/16                                          1                          Judgment


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                                       
                    NAGPUR BENCH, NAGPUR.
                         WRIT PETITION No. 2732/2016




                                                               
    Jagdish s/o Maroti Ingle,
    aged 40 years, occ. Police Naik Constable,
    r/o Navegaon Complex, Sai Nagar, Gadchiroli,
    Tq. District Gadchiroli.                                                   PETITIONER




                                                              
                                         .....VERSUS.....

    1.     The Scheduled Tribes Caste




                                                 
           Certificate Scrutiny Committee,
           through its Member Secretary,
           Gadchiroli, Tq. District Gadchiroli.
                              
    2.     The State of Maharashtra,
           through Secretary,
           Department of Home,
                             
           Mantralaya, Mumbai-400032.
    3.     The Superintendent of Police, Gadchiroli, 
           Tq. District Gadchiroli.                                             RESPONDENTS
      


                         Shri R.S. Parsodkar, counsel for the petitioner.
         Shri V.P. Maldhure, Assistant Government Pleader for the respondent nos.1 to 3.
   



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

DATE : 23 RD JUNE, 2016.

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

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.

WP 2732/16 2 Judgment

2. 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 (Arun Vishwanath Sonone

Versus State of Maharashtra & Others).

3. The petitioner was appointed as a Police Constable on

01.12.1998, on a post reserved for the Scheduled Tribes. The petitioner

claimed to belong to 'Thakur' Scheduled Tribes and the caste claim of the

petitioner was referred to the Scrutiny Committee, for verification. The

Scrutiny Committee has invalidated the caste claim of the petitioner by

the order dated 20.04.2016. The petitioner has not challenged the order

of the Scrutiny Committee and has only sought a direction against the

respondent nos.2 and 3 to protect his services as he was appointed before

the cut-off date and there is no observation in the order of the Scrutiny

Committee that the petitioner has fraudulently claimed the benefits

meant for the 'Thakur' Scheduled Tribe.

4. Shri Maldhure, the learned Assistant Government Pleader

appearing for the respondents, does not dispute that the petitioner is

appointed before the cut-off date on 01.12.1998 and that there is no

observation in the order of the Scrutiny Committee that the petitioner

has fraudulently claimed the benefits meant for the 'Thakur' Scheduled

Tribe.

WP 2732/16 3 Judgment

5. On hearing the learned counsel for the parties and on a

perusal of the judgment of the Full Bench and the order of the Scrutiny

Committee, it appears that the services of the petitioner are required to be

protected. There is no adverse observation against the petitioner in

respect of fraud in the order of the Scrutiny Committee and the petitioner

is appointed before the cut-off date, in the year 1998. Both the

conditions that are required to be satisfied while seeking the protection of

services in view of the judgment of the Full Bench stands satisfied in case

of the petitioner.

6. Hence, for the reasons aforesaid, the writ petition is allowed.

The respondent nos.2 and 3 are directed to protect the services of the

petitioner on the post of Police Constable, on the condition that the

petitioner furnishes an undertaking in this Court and before the

respondent nos.2 and 3, within a period of four weeks that neither the

petitioner nor his progeny would claim the benefits meant for the Thakur

Scheduled Tribe, in future.

Rule is made absolute in the aforesaid terms with no order as

to costs.

                  JUDGE                                            JUDGE
    APTE