Bombay High Court
Shobha D/O Gangaram Patil (Sobha ... vs Maharashtra State Women And Child ... on 11 April, 2017
Bench: B.R. Gavai
1 WP.778.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 778 OF 2017.
Shobha d/o Gangaram Patil,
(After marriage Shobha w/o
Ravikant Wankhede),
aged about 54 years, Occu. Service,
Supervisor, Child Welfare Project
Officer, Akola, r/o Sindhi Camp,
Mahatma Fule Nagar, Mashan
Road, Akola. ...... PETITIONER.
....Versus....
1] Maharashtra State Women and
Child Welfare Development
Department, through its Secretary,
Mantralaya, Mumbai-32.
2] The Scheduled Tribe Certificate
Scrutiny Committee,
Amravati Division, Amravati
3] Child Welfare Development Project
Officer, Akola. ..... RESPONDENTS.
Mr. S.G. Joshi, Advocate for the petitioner,
Mr. A.R. Chutke, Assistant Government Pleader for the respondent
nos. 1 to 3.
CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.
DATED : APRIL 11, 2017.
ORAL JUDGMENT (PER A.S. CHANDURKAR, J.)
2 WP.778.17.odt
1] Rule. Rule made returnable forthwith. Heard finally with
the consent of the learned Counsel for the parties.
2] The petitioner seeks protection of her services on the post
of Supervisor with the respondent no.3. It is the case of the petitioner
that she belongs to Koli Mahadeo - Scheduled Tribe. She was
issued a caste certificate on 14.3.1985 and on that basis she was
appointed as Anganwadi Sevika by order dated 12.3.1990. Thereafter
on the basis of the experience gained by her, she applied for being
appointed on the post of Supervisor. By order dated 18.8.2003 the
petitioner was appointed on the post of Supervisor. Thereafter her
caste claim which was referred to the Scrutiny Committee came to be
invalidated by order dated 19.12.2016. It is in these facts that the
petitioner has approached this Court seeking protection of her
services in view of the law laid down by the Full Bench of this Court in
Arun s/o Vishwanath Sonone .vs. State of Maharashtra and
others reported in 2015(I) Mh. L.J. 457 dated 22.12.2014.
3] Mr. S.G. Joshi, learned Counsel for the petitioner, submits
that the petitioner has given up her caste claim. He submits that
considering the fact that the petitioner was initially appointed in the
3 WP.778.17.odt
year 1990 and has rendered services for almost 27 years, her
services deserve to be protected, inasmuch as she is due to retire
within a short period. He submits that in the order passed by the
Scrutiny Committee there is no finding recorded expressing doubt on
the documents relied upon by the petitioner.
4] The prayer for protection is opposed by the learned
Assistant Government Pleader by relying upon affidavit in reply
placed on record.
5] Considering the peculiar facts of the present case wherein
the petitioner was appointed on the post of Anganwadi Sevika in the
year 1990 and based on such experience obtained by her she was
appointed as a Supervisor, coupled with the fact that the total service
rendered till date is of almost 27 years, we are inclined to protect the
services of the petitioner. Accordingly, it is held that the petitioner is
entitled for protection of her services on the post of Supervisor
subject to her filing an undertaking in this Court within a period of four
weeks from today that neither she nor her progeny shall claim any
benefit of belonging to Koli Mahadeo - Scheduled Tribe. It is clarified
that the present order is passed in the peculiar facts of the case and
shall not be treated as precedent.
4 WP.778.17.odt
6] The Writ Petition stands disposed of accordingly. Rule is
made absolute in the aforesaid terms. There will be no order as to
costs.
JUDGE. J
UDGE.
J.
