Laxman S/O Ramnath Gonnade vs The Scheduled Tribe Caste ...
2017 Latest Caselaw 157 Bom

                                                        1                        wp3175.11.odt

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

                           WRIT PETITION NO.3175/2011

      Laxman Ramnath Gonnade,
      aged about 50 years, Occ. Service,
      r/o 403, Laxmi Plaza, Ring Road Square,
      Koradi Road, Mankapur, Nagpur.                              .....PETITIONER

                                 ...V E R S U S...

 1. The Scheduled Tribe Caste Certificate
    Scrutiny Committee, Nagpur.

 2. The Maharashtra State Road Transport
    Corporation, Central office, Maharashtra
    Wahtuk Bhavan, Dr. A. N. Road, Mumbai 
    Central, Mumbai-400 008, through its
    Vice Chairman and Managing Director.     ...RESPONDENTS

 ---------------------------------------------------------------------------------------------------
 Shri F. T. Mirza, Advocate fro petitioner.
 Shri V. A. Thakare, A.G.P. for respondent
 --------------------------------------------------------------------------------------------------
                                   CORAM:-      SMT. VASANTI A. NAIK AND
                                                  V. M. DESHPANDE, JJ.

DATED :- FEBRUARY 28, 2017

ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.)

By this writ petition, the petitioner has challenged the order

of the Scrutiny Committee dated 30.05.2011, invalidating the claim of

the petitioner of belonging to Halba-Scheduled Tribe.

This Court has, while issuing Rule in the writ petition on

25.09.2012, observed that the petitioner's services were confirmed with

the respondent no.2 as Labour Officer, Class-II in Junior Cadre in the

year 1998. It appears that since the petitioner was appointed on a post

earmarked for the Scheduled Tribes, his claim was referred to the

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Scrutiny Committee for verification. The Scrutiny Committee has

invalidated the claim of the petitioner. We had observed in the order

dated 25.09.2012 that since the petitioner had not practiced fraud while

seeking the benefits meant for the Scheduled Tribes as could be

gathered from the order of the Scrutiny Committee, the petitioner's

services were required to be protected. We had granted interim

protection to the services of the petitioner though his caste claim was

invalidated by making it clear that the petitioner or his progeny would

not be entitled to any benefits including the promotional benefits on the

basis of the claim that he belongs to the Scheduled Tribes.

After the judgment was rendered in the case of State of

Maharashtra ..vs.. Milind and Others; reported in 2001 (1) Mh. L. J.

1 and Kavita Solunke..vs..State of Maharashtra and others; Civil

Appeal No. 5821/2012, the Full Bench of this Court has held in the

judgment reported in 2015 (1) Mh. L. J. 457 that the services of the

employees that are appointed before the cut off date and who have not

played fraud either on the employer or the Scrutiny Committee have to

be protected.

In the present case, in view of our interim order, it would

not be necessary to consider the correctness or otherwise of the order of

the Scrutiny Committee as it was made clear that the petitioner or his

progeny would not claim the benefits meant for Halba-Scheduled Tribe

since the petitioner was appointed before the cut off date and there was

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no observation in the order of the Scrutiny Committee that the

petitioner had fraudulently secured the benefits meant for the Halba

Scheduled Tribe. The services of the petitioner need to be protected on

the post of Labour Officer in view of the judgment of the Full Bench

reported in 2015 (1) Mh. L. J. 457. It appears that the Scrutiny

Committee has invalidated the caste claim of the petitioner as the

petitioner was not able to prove the same on the basis of the documents

and the affinity test.

Hence, for the reasons aforesaid, the writ petition is partly

allowed. The respondent no.2 is directed to protect the services of the

petitioner on the post of Labour Officer on a condition that the

petitioner furnishes an undertaking in this court and also before the

respondent no.2-Corporation, within six weeks that neither the

petitioner nor his progeny would seek the benefits meant for the Halba

Scheduled Tribe in future.

Rule is made absolute in the aforesaid terms with no order

as to costs.

(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)

kahale