Bombay High Court
Sanjiv S/O Mungutrao Durge vs Caste Certificate Scrutiny ... on 1 October, 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.2919/2015
PETITIONER : Sanjiv s/o Mungutrao Durge
Age - 42, Occu - Service,
R/o Zilla Parishad, Primary School,
Chandai, Tq. Mangrulpir, Distt. Washim.
...VERSUS...
RESPONDENTS : 1. Caste Certificate Scrutiny Committee
Amravati Division, Committee No.2, Akola
through Member, Secretary in the Premises
of Collector office, Akola, Tq. Distt. Akola.
2. Chief Executive Officer, Zilla Parishad,
Washim, Tq. Distt. Washim.
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Shri M.V. Bute, Advocate for petitioner
Shri V.P. Maldhure, AGP for respondent no.1
Shri A.S. Deshpande, Advocate for respondent no.2
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CORAM : SMT. VASANTI A NAIK, AND
KUM. INDIRA JAIN, JJ.
DATE : 01.10.2016
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.
By this writ petition, the petitioner challenges the order of
the respondent no.2 - Chief Executive Officer, Zilla Parishad, Washim
proposing to terminate the services of the petitioner for not producing the
validity certificate of belonging to Scheduled Tribes.
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The petitioner was appointed in the Ratnagiri Zilla Parishad
in the year 1993 as an Assistant Teacher on a post earmarked for the
Scheduled Tribes. In the year 2006, on a request made by the petitioner,
the petitioner was transferred to Washim Zilla Parishad. Since the
petitioner was appointed on a post earmarked for the Scheduled Tribes
and since the petitioner produced the certificate of belonging to Koli
caste, which is included in the Special Backward Classes, the respondent
no.2 proposed to terminate the services of the petitioner by the order
dated 27.4.2015. The said order is challenged by the petitioner in the
instant petition.
Shri Bute, the learned Counsel for the petitioner submits
that though initially the petitioner had claimed to belong to 'Koli
Mahadeo' Scheduled Tribe, he has given up his caste claim of belonging to
'Koli Mahadeo' Scheduled Tribe and claims to belong to Koli Caste, that is,
included in the Other Backward Classes. It is stated that the services of
the employees, that are appointed before the cut off date and who have
not played fraud either on the Scrutiny Committee or the employer, are
required to be protected, in view of the judgment of the Full Bench,
reported in 2015 (1) Mh.L.J. 457. It is stated that in a bunch of writ
petitions bearing Writ Petition No.3729/2014 and others, this Court had
by the judgment dated 12.2.2015 protected the services of the petitioners,
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that were earlier appointed on the posts earmarked for the Scheduled
Tribes and had subsequently tendered the caste validity certificates that
they belong to Koli caste, which is notified in the Special Backward
Classes. It is stated that a similar order may be passed in the case of the
petitioner, on parity.
Shri Maldhure, the learned Assistant Government Pleader
appearing on behalf of the Scrutiny Committee and Shri Deshpande, the
learned Counsel for the Zilla Parishad do not dispute the position of law
as laid down in the judgment dated 12.2.2015 in a bunch of writ petitions
bearing Writ Petition No.3729/2014 and others. It is stated that an
appropriate order may be passed in the circumstances of the case. It is
also stated on behalf of the Zilla Parishad that the petitioner would not be
entitled to any promotional benefits and would also be entitled to claim
seniority in the Washim Zilla Parishad only from the year 2006.
On hearing the learned Counsel for the parties and on a
perusal of the judgment of the Full Bench, reported in 2015 (1) Mh.L.J.
457, as also, the judgment dated 12.2.2015 in a bunch of writ petitions
bearing Writ Petition No.3729/2014 and others, it appears that the relief
sought by the petitioner needs to be granted. The question as to whether
an employee who initially claimed to belong to Scheduled Tribes and
subsequently gave up his claim and restricted his claim of belonging to
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Special Backward Classes was entitled to protection of service or not was
considered by this Court in the judgment dated 12.2.2015 in Writ Petition
No.3729/2014 and others and this Court had, after considering that the
petitioners in the said writ petitions had served for nearly 17 to 19 years
and that they belong to Special Backward Classes, protected their services.
It is rightly stated on behalf of the petitioner that a similar order would be
necessary in this case, on parity.
Hence, for the reasons recorded herein above and also for
the reasons recorded in the judgment dated 12.2.2015 in Writ Petition
No.3729/2014 and others, we partly allow this writ petition. The
respondent no.2 - Zilla Parishad is directed to protect the services of the
petitioner as an Assistant Teacher, on the condition that the petitioner
furnishes an undertaking in this Court, before the Scrutiny Committee
and also to the respondent no.2 - Zilla Parishad within four weeks that
neither the petitioner nor his progeny would claim the benefits meant for
'Koli Mahadeo' Scheduled Tribe, in future.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
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C E R T I F I C A T E
I certify that this judgment uploaded is a true and correct
copy of original signed judgment.
Uploaded by : S.S. Wadkar, P.S. Uploaded on : 04/10/2016
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