Bombay High Court
Sachin Shankarrao Gundalwar vs The State Of Maharashtra And ... on 5 April, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4113 OF 2017
Sachin S/o Shankarrao Gundalwar
age: 25 years, occu: service,
R/o Bhat Galli, Degloor
Tq. Degloor, Dist. Nanded Petitioner
Versus
1 The State of Maharashtra
through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai
2 The Commissioner,
Thane Municipal Corporation,
Dist. Thane
3 The Deputy Commissioner (Head Quarter)
Thane Municipal Corporation,
Dist. Thane
4 The Scheduled Tribe Caste Certificate
Verification Committee Aurangabad
Through its Dy. Director (R)
Aurangabad Respondents
Mr. S. M. Vibhute advocate for the petitioner
Mr. A. R. Kale Assistant Government Pleader for Respondent No. 1
Mr. L. V. Sangit advocate for respondent Nos.2 & 3
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CORAM : R.M. BORDE &
K.L. WADANE , JJ
(Date : 5th APRIL, 2017.)
ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Heard
2 Rule. With the consent of the parties, petition is taken-up
for final disposal at admission stage.
3 The petitioner claims to belong to Koli Mahadev, scheduled
tribe and is in receipt of tribe certificate issued by the Competent
authority in that regard. The petitioner has been appointed as a
Stores Keeper in the Health Department of respondent No.2
Corporation, as against a seat, reserved for scheduled tribe
category on 12.1.2016. In view of the condition stipulated in the
order of appointment, the petitioner was mandated to submit
validation certificate within a period of six months from the date
of issuance of order of appointment. The petitioner was directed
by the employer to submit proof, in respect of pendency of
validation claim with the scrutiny committee, by a communication
dated 16.11.2016. The petitioner tendered a certificate, issued by
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the scrutiny committee in respect of pendency of validation claim
on receipt of the aforesaid communication. However, the employer
proceeded to direct termination of services by order dated
18.3.2017 on account of failure of the petitioner to submit
validation certificate. The petitioner contends that, it is not within
his reach to secure validation certificate, within specified time
frame and it is for the scrutiny committee to take decision in the
matter.
4 It is a matter of common knowledge that, there are
thousands of verification claims, pending with the scrutiny
committee and it takes substantial time for the scrutiny
committee to take decision in such matter. The petitioner cannot
be penalized on account of failure of the scrutiny committee to
take decision in the matter relating to validation of the tribe
certificate. It was unreasonable for the employer to take extreme
action of terminating services of the petitioner on account of his
failure to submit validation certificate.
5 In the facts and circumstances of the case, this petition can
be disposed of by directing the scrutiny committee to take
decision on the proposal tendered by the petitioner for validation
of the tribe certificate, as expeditiously as possible and preferably
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within a period of six months from today and it is accordingly
directed.
6 The order passed by the employer on 18.3.2017 directing
termination of services of the petitioner stands quashed and set
aside and petitioner shall be reinstated in employment and shall
be continued subject to decision in respect of the tribe certificate
validation proposal pending with the scrutiny committee.
7 Rule is accordingly made absolute.
8 There shall be no order as to costs.
(K.L. WADANE, J) (R.M. BORDE, J)
vbd
