Bombay High Court
Ashok S/O. Manikrao Sontakke vs Chief Executive Officer Zilla ... on 27 September, 2016
Bench: B.R. Gavai
1 WP.2546.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2546 OF 2016
Ashok s/o Manikrao Sontakke,
aged about 52 years, Occupation -
Service, R/o Plot No. 76, Khan
Layout, Near Collector Colony,
Godhani Railway, Nagpur-440023. ... PETITIONERS.
VERSUS
1) The Chief Executive Officer,
Zilla Parishad, Nagpur,
2) District Health Officer,
Zilla Parishad, Nagpur,
3) Vithal s/o Gopalrao Kodape,
Aged : Adult, Occ. Service,
R/o P.H.C. Dorli, Tq. Parshioni,
District Nagpur. ... RESPONDENTS.
Mr. S.U. Nemade, Advocate for the Petitioner.
Mr. V.D. Raut, A.G.P. for the Respondent Nos. 1 & 2.
CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ.
DATED : SEPTEMBER 27, 2016.
ORAL JUDGMENT (PER B.R.GAVAI, J).
1] Rule. Rule made returnable forthwith. Heard the learned
Counsel for the parties finally by consent.
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2] The petitioner by way of the present petition has impugned
the communication dated 16.4.2016 vide which the petitioner has been
informed that the promotion granted to him as Health Assistant on
2.7.1997 is illegal and, therefore, he is reverted to the post of Health
Worker and protection is granted to his service.
3] The petitioner came to be appointed as Health Worker in the
year 1989. The petitioner was granted promotion in the year 1997. It
appears from the communication addressed at Annexure 'A' that
according to the respondents the promotion granted to the petitioner
was in the category of Scheduled Tribe and since he had not submitted
the validity certificate certifying him to be belonging to Scheduled Tribe
but had submitted a certificate certifying to be belonging to N.T. (B), he
was only entitled to protection of his service and not the promotion.
4] We find that the ground as raised by the respondent Zilla
Parishad is totally incorrect. No doubt that in the seniority list published
as on 1.1.1997 the petitioner is shown as Scheduled Tribe. His Tribe is
shown to be Gond (Gowari). However, it could be seen that in the
subsequent seniority list published on 1.1.2010 the petitioner's caste is
shown as Gadi Lohar and the category shown as N.T. - B. We have
3 WP.2546.16
perused the original service book of the petitioner. The perusal of the
service book would reveal that the entries made in the said service book
have been verified by the Competent Officer. The perusal of the said
service book would reveal that the caste of the petitioner is shown as
Gadi Lohar. It further appears that the same is also duly verified by the
Competent Officer. Not only that, but the petitioner is also having a
validity certificate issued to him certifying him to be belonging to
Nomadic Tribe-B. We find that an apparent error was committed by the
Zilla Parishad in treating the petitioner as Scheduled Tribe. As a matter
of fact, the Govaris are not entitled to be treated as Scheduled Tribe.
The entry with regard to Gadi Lohar can be found in the list of N.T. - B.
5] On a pertinent query as to whether the petitioner had applied
against a post reserved for Scheduled Tribe, the learned Counsel fairly
conceded that the record pertaining to his appointment is not available
with the Zilla Parishad. In that view of the matter, we will have to go
only as per the entry recorded in the service book at the time of the
entry of the petitioner in the service. The said entry clearly shows the
caste of the petitioner as Gadi Lohar.
6] In that view of the matter, we find that the impugned order is
4 WP.2546.16
not sustainable in law. The petition deserves to be allowed. Rule is,
therefore, made absolute in terms of prayer clause (i). Needless to
state that the salary of the petitioner would be paid regularly from the
month of October and the arrears shall be cleared within a period of one
month from today. No order as to costs.
J.
JUDGE JUDGE
5 WP.2546.16
C E R T I F I C A T E
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