Bombay High Court
Umakant Madhukar Suryawanshi vs The State Of Maha., Through Its ... on 11 March, 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.1064/2016
PETITIONER: Umakant Madhukar Suryawanshi
Aged about 47 years, Occ. : Service,
R/o Sahi Layout, Shivaji Nagar,
Rajura, Tahsil Rajura, District : Chandrapur.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra, through
its Secretary, Department of School Education,
Mantralaya, Mumbai - 400 032.
2. Education Officer (Secondary),
Zilla Parishad, Chandrapur, District :
Chandrapur.
3. Adarsha Shikshan Prasarak Mandal, Rajura,
District : Chandrapur, through its President.
4. Shivaji High School, Chunala (M), Ta. Rajura,
District : Chandrapur, through its Headmaster.
5. Scheduled Tribe Caste Certificate Scrutiny
Committee, Nagpur through its Chairman.
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Shri R.M. Ahirrao, Advocate for petitioner
Mrs. A.R. Kulkarni, AGP for respondent nos.1, 2 and 5
Shri Shrikant Deo, Advocate for respondent nos.3 and 4
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CORAM : SMT. VASANTI A. NAIK, AND
V.M. DESHPANDE, JJ.
DATE : 11.03.2016
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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.
By this petition, the petitioner challenges the order of
termination, dated 24.9.2015, terminating the services of the petitioner
w.e.f. 1.10.2015. The petitioner seeks a direction to the respondent no.3 -
Management to send the caste claim of the petitioner to the respondent
no.5 - Committee for verification. A further direction is sought against the
respondent no.5 - Committee to decide the caste claim of the petitioner,
within a time-frame.
The petitioner was appointed as an Assistant Teacher by the
respondent no.3 on 9.7.1995 on a post earmarked for the Scheduled
Tribes. The petitioner had claimed to belong to 'Thakur' Scheduled Tribe.
The respondent no.2 had granted approval to the appointment of the
petitioner and the petitioner worked with the respondent no.3
continuously till his services were terminated w.e.f. 1.10.2015. It is the
case of the petitioner that the petitioner had applied for verification of his
caste claim to the respondent no.5 - Scrutiny Committee but the Scrutiny
Committee had returned the caste claim as there were some deficiencies.
It is stated that the petitioner is ready to submit the caste certificate and
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the other necessary documents in the proper form to the respondent no.3
and the respondent no.3 may be directed to submit the same to the
respondent no.5 - Scrutiny Committee for verification. It is stated that in
the absence of a decision on the caste claim of the petitioner, the
respondent no.3 could not have terminated the services of the petitioner.
Shri Deo, the learned Counsel for the respondent nos.3
and 4 supported the order of termination. It is stated that the respondent
nos.3 and 4 were directed by the Additional Commissioner, Backward
Class Cell to terminate the services of the petitioner as the petitioner had
not produced the caste validity certificate and the roster was not
prepared. It is submitted that appropriate directions may be issued in the
circumstances of the case.
Mrs. Kulkarni, the learned Assistant Government Pleader
appearing for the Scrutiny Committee states that if the caste claim of the
petitioner is referred to the Scrutiny Committee, the Scrutiny Committee
would decide the same as early as possible.
In view of the statements recorded herein above, we partly
allow the writ petition. In the circumstances of the case, we quash and set
aside the impugned order of termination. In the interest of justice, the
petitioner is entitled to be reinstated in service, as his caste claim is not
decided till date. The petitioner should however, submit the caste
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certificate and the other necessary documents in the proper form to the
respondent nos.3 and 4 within a period of six weeks from the date of his
reinstatement. If the petitioner submits the necessary documents to the
respondent no.3 within a period of six weeks from the date of his
reinstatement, the respondent no.3 may remit the caste claim of the
petitioner to the respondent no.5 - Scrutiny Committee for verification.
The respondent no.5 - Scrutiny committee should decide the caste claim
of the petitioner within a period of 16 months from the date of receipt of
the same. The respondent no.3 should reinstate the petitioner in service
within a period of two weeks with continuity of service but without
arrears of salary. The services of the petitioner are protected till his caste
claim is decided. It is, however, made clear that if the petitioner fails to
tender the necessary documents for the purpose of verification of his caste
claim to the respondent no.3 within a period of six weeks, the respondent
no.3 would be free to take appropriate action against the petitioner.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
