Prabhu S/O Devidas Nannaware vs The Executive Engineer O&M; ...
2017 Latest Caselaw 8437 Bom

                                                   1              wp2082.13.odt

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

                          WRIT PETITION NO. 2082 OF 2013

            Prabhu Devidas Nannaware,
            aged about 32 years, Occ. Service,
            R/o. At Post Neri, Tah. Chimur,
            Distt. Chandrapur        ......                                   PETITIONER

                                   ...VERSUS...

 1.         The Executive Engineer,
            O&M Circle, MSEDCL,
            Warora, Distt. Chandrapur.

 2.         The Superintending Engineer,
            O&M Circle, MSEDCL,
            Chandrapur.

 3.      The Scheduled Tribe Caste Scrutiny
         Committee, Gadchiroli. ......                                      RESPONDENTS
 -------------------------------------------------------------------------------------------
 Ms. Priti Rane, Advocate for the petitioner.
 Shri A.D.Mohgaonkar, Advocate for Respondent Nos. 1 and 2
 Shri N.S.Rao, AGP for Respondent No.3
 -------------------------------------------------------------------------------------------
                           CORAM: R. K. DESHPANDE AND
                                        M.G.GIRATKAR, JJ.
                                         rd
                           DATE    :  3    NOVEMBER, 2017 .

 JUDGMENT (Per R.K.Deshpande, J.)

1] In this petition, we find that the exercise of

forwarding the caste validity certificate of the petitioner

showing that he belongs to Mana - Scheduled Tribe category

to the Scrutiny Committee for issuance of validity certificate

was futile. The reason being that the petitioner was

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appointed from open category on compassionate ground, as

his father was permitted to take voluntary retirement on

medical ground. The petitioner has not been promoted, nor

the petitioner has claimed promotion as on this date to the

higher post as a candidate belonging to Scheduled Tribe

category.

2] Shri Mohgaonkar, the learned counsel appearing

for respondent-employer also makes a statement that there is

no question of terminating the services of the petitioner for

non production of caste validity certificate, as the petitioner

was appointed from open category.

3] In view of above, the order passed by the

Scrutiny Committee will have to be set aside leaving all the

questions open to be decided in future if such occasion

arises.

4] In the result, writ petition is allowed. The order

dated 08.10.2012 passed by the Scheduled Tribe Certificate

Scrutiny Committee, Gadchiroli is hereby quashed and set

aside. The question of validity of the caste certificate

produced by the petitioner is kept open to be agitated in case

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if such occasion arises and needless to say that the order

which has already been set aside by this Court shall not

come in the way of the parties.

Rule is made absolute in these terms. No order as to

costs.

                           JUDGE                        JUDGE


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