Waman Vanganuji Sawasakade vs Chief Executive Officer Zp & ...
2016 Latest Caselaw 348 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH 




                                                                                            
                               NAGPUR.




                                                                   
                      WRIT    PETITION   NO.      4386      OF     2003


    Waman Vanganuji Sawasakade,
    aged 37 yrs. Occu. Service,




                                                                  
    R/o Near Bus Stand Gadchiroli,
    Talika & District Gadchiroli.                                                PETITIONER.


                                                  VERSUS




                                                   
    1] Chief Executive Officer, 
                              
    Zilla Parishad, Gadchiroli. 

    2] Block Development Officer
                             
    Panchayat Samiti, Gadchiroli.                                                RESPONDENTS.

                                                   *************

Shri Amardeep Dhoble Advocate h/f Shri R. S. Parsodkar, Counsel for the petitioner.

Shri J. S. Mokadam, Counsel for respondent No. 1.

*************

CORAM: SMT. VASANTI A. NAIK & A. S. CHANDURKAR JJ.

Dated : MARCH 04, 2016.

ORAL JUDGMENT: (Per A. S. CHANDURKAR J.)

Heard. Shri Amardeep Dhoble, learned counsel holding for Shri

R. S. Parsodkar, learned counsel for the petitioner states that the order dated

31.10.2003 passed by the respondent no.1 reverting the petitioner from the

post of Village Development Officer to the post of Gramsewak on account of

failure to produce the Caste Validity Certificate is under challenge in the

present writ petition. He states that during pendency of the writ petition the

Scrutiny Committee has granted a validity certificate in favour of the

wp4386.03

petitioner and it is held that the petitioner belongs to Mana Scheduled Tribe.

He, therefore, states that the basis for passing the impugned order of

reversion namely that the petitioner was not having a validity certificate no

longer survives. He, therefore, submits that in these circumstances, the

impugned order deserves to be set aside.

2] Shri J. S. Mokadam, the learned counsel for the respondent nos.

1 and 2 submits that by virtue of interim orders passed in the writ petition

the petitioner had continued discharging his duties on the post of Village

Development Officer. He further states that the petitioner was subsequently

promoted during the pendency of the writ petition and said promotion order

was made subject to the result of the writ petition. He however states that as

the petitioner has now been granted the validity certificate, appropriate

orders may be passed.

3] Considering the fact that the impugned order dated 31.10.2003

was passed only on the ground that the petitioner was not having a validity

certificate and the fact that the same has now been obtained by the petitioner

on 10.05.2006, the basis for reverting the petitioner as per the impugned

order therefore does not survive. In view of aforesaid, the impugned order

dated 31.10.2003 is quashed and set aside. Rule is made absolute in

aforesaid terms with no order as to costs.

                                   JUDGE                                   JUDGE

    svk






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