Bombay High Court
Sunanda W/O Khojram Maraskole vs The Chief Executive Officer, ... on 6 September, 2016
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No. 826 of 2014
Sunanda wife of Khojram Maraskole,
aged about 43 years,
occupation - Service,
resident of Govindpur Chowk,
Sindewahi,
Tq. Sindewahi,
Distt. Chandrapur. ..... Petitioner.
Versus
1. The Chief Executive Officer,
Zilla Parishad,
Chandrapur.
2. Education Officer
[Primary],
Zilla Parishad,
Chandrapur.
3. Block Development Officer,
Panchayat Samiti,
Sindewahi,
Distt. Chandrapur. ..... Respondents.
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*****
Mrs. R.S. Sirpurkar, Adv., for the petitioner.
Mr. G.G. Mishra, Adv., holding for Mrs. I. Bodade, Adv., for
respondents.
*****
CORAM : B. P. DHARMADHIKARI
AND
ig A.S. CHANDURKAR, JJ.
Date : 06th September, 2016
ORAL JUDGMENT [Per B.P. Dharmadhikari, J.]:
01. The petitioner, an Asstt. Teacher, who joined employment of
Zilla Parishad, Chandrapur, in 1993, is challenging the Order dated
28th January, 2014 ordering her interim suspension.
02. This Court has on 14th February, 2014 issued notice, and on
10th June, 2014, while issuing Rule in the matter, that order has been
stayed.
03. The petitioner by birth is "Kohli" [OBC]. She got married to
a person belonging to "Gond", Scheduled Tribe and because of her
marriage, on 23rd April, 1992, she obtained a Caste Certificate that
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she belongs to Gond, Scheduled Tribe. On the basis of that Certificate,
she procured employment.
04. On 18th April, 2013, she has also obtained a Caste
Certificate showing that she belongs to Kohli, Other Backward Classes.
05.
After hearing learned Adv. Mrs. Sirpurkar for the petitioner
and learned Adv. Mr. Mishra for respondents, we find that because of
prevailing confusion at that juncture, the petitioner might have claimed
the caste of her husband. The fact that she belongs to Kohli, OBC, or
then intercaste marriage with a person belonging to Scheduled Tribe is
not in dispute before us.
06. In this situation, as we do not see any oblique motive or
mala fides, interest of justice can be met with by continuing her in
employment with a permission to the respondents to recognize and
treat her as a candidate belong to "Kohli", OBC category.
07. In absence of any positive finding of fraud and any
manipulation of documents, this Court has in regular caste disputes
granted such protection to the employees. The Full Bench Judgment of
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this Court in Arun Vishwanath Sonone Vs. State of Maharashtra
& others [2015 (1) Mh. L. J. 457] settles the law in this respect.
08. Following the said analogy, we grant the petitioner
protection in employment on same lines.
09.
Accordingly, in view of this, the order of suspension dated
28th January, 2014 and the consequential orders, if any, do not
survive. The same are accordingly quashed and set aside.
10. The Writ Petition is, thus, partly allowed and disposed of.
Judge Judge
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