Ramdas S/O Pandurang Khobarkhede vs The Divisional Controller, Maha. ...
2017 Latest Caselaw 1961 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH, NAGPUR.

                                WRIT PETITION NO. 1477 OF 2017.


     Ramdas s/o Pandurang Khobarkhede,
     aged about 49 years, Occupation Driver
     (Now Nil), R/o Khobarkheda, At Post
     Apotikhurd, Tah. & Dist. Akola. ......                                                     PETITIONER.

                      ....Versus....

     1]  The Divisional Controller, 
         Maharashtra State Road
         Transport Corporation,
         Akola Division, Akola.

     2] The Scheduled Tribe 
        Certificate Scrutiny Committee,
        Amravati Division, Amravati,
        through its Member Secretary,
        Irvin Square, Amravati.       .....                                               RESPONDENTS.

     Mr. S.G. Joshi, Advocate for the petitioner,
     Mr. V.G. Wankhede, Advocate for respondent no. 1.
     Mr.   A.M.   Deshpande,   Assistant   Government   Pleader   for   the
     respondent no. 2. 


                                 CORAM :  B.R. GAVAI & A.S. CHANDURKAR, JJ.

DATED : APRIL 24, 2017.

1] Rule. Rule made returnable forthwith. Heard the learned

Counsel for the parties finally by consent.

     2]               The   petitioner   has   restricted   his   claim   for   grant   of




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protection of his service. The petitioner was appointed as a Driver

with the respondent no.1 against the post reserved for Scheduled

Tribe since he belonged to Koli Mahadeo.

3] However, since the petitioner could not submit his validity

certificate, petitioner's services came to be terminated on 14.2.2012.

The petitioner has now given up his claim of belonging to Scheduled

Tribe and is only claiming benefits in view of judgment of larger

Bench of this Court in the case of Arun s/o Vishwanath Sonone .vs.

State of Maharashtra and others reported in 2015(I) Mh. L.J. 457

dated 22.12.2014.

4] In view of the judgment of larger Bench of this Court in the

case of Arun s/o Vishwanath Sonone (supra), since the petitioner

was in continuous service from the year 1999, we are inclined to

grant protection to the petitioner. The petitioner is, therefore, directed

to be reinstated. The petitioner would not be entitled to any back

wages for the period during which he was out of employment.

However, the petitioner would be entitled to continuity in service for all

other benefits including the pensionary benefits. The petitioner shall

file an undertaking before this Court within a period of two weeks that

neither he nor his progeny shall claim any benefit on the basis of his

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claim of belonging to Scheduled Tribe.

5] With the above observations, the petition stands disposed

of. Rule is made absolute in aforesaid terms with no order as to

costs.

                            JUDGE.                                                                  J
                                                                                                      UDGE.
    J.