Vijaysingh S/O Pratapsingh Pawar vs Divisional Caste Certificate ...
2017 Latest Caselaw 2227 Bom

974-J-WP-2009-17                                                                              1/2


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

                         WRIT PETITION NO.2009  OF  2017


Vijaysingh S/o Pratapsingh Pawar
Aged about 59 yrs,  
R/o Plot No.10, Panchadeep Nagar, 
Wardha Road, Nagpur.                                             ... Petitioner. 

-vs- 

1.  Divisional Caste Certificate Scrutiny
     Committee,  Office at Dr Babasaheb Ambedkar 
     Social Justice Bhavan, Wing-B, Second Floor, 
     South Ambazari Road, Shraddhanand Peth, 
     Nagpur. 

2. Special commissioner of Sales Tax,
    Vikrikar Bhavan,  Mazgaon, Mumbai-10                         ... Respondents. 


Shri N. R. Saboo, Advocate for petitioner. 
Shri A. M. Balpande, Assistant Government Pleader for respondents. 

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

DATE : May 04, 2017

Oral Judgment : (Per B. R. Gavai, J.)

Rule. Rule made returnable forthwith with consent of learned

counsel for the parties.

The petitioner has approached this Court for a limited relief of

protection of his services.

974-J-WP-2009-17 2/2

2. Since the petitioner had applied against the reserved post, his

claim was sent to respondent No.1-Committee for scrutiny. Vide

communication dated 16/01/2017 the claim has been invalidated. The

petitioner was appointed in 1985 and has now retired from the service.

3. In view of the law laid down in case of Arun Vishwanath Sonone

vs. State of Maharashtra and ors. 2015(1) Mh.L.J. 457 if a person who has

served for considerable years and if there is no adverse finding of fact

recorded by the Scrutiny Committee, he is entitled for protection of service.

4. Shri A. Balpande, learned Assistant Government Pleader fairly

concedes that there is no adverse finding recorded by the Committee. In that

view of the matter, we are inclined to allow the petition in terms of prayer

clauses (iii) and (iv).

5. The petitioner shall file an undertaking in this Court within a

period of four weeks from today stating that neither he nor his progeny shall

claim any benefit of belonging to 'Rajput Bhamta' (Vimukta Jaati).

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

                                             JUDGE                                     JUDGE


Asmita