Ashok Pandurang Satpute vs Chief Executive Officer, Zilla ...
2017 Latest Caselaw 8716 Bom

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

                  Writ Petition No.1081 of 2013


  Ashok Pandurang Satpute,
  Aged about 52 years,
  Occupation - Employee of Zilla
  Parishad, Wardha,
  R/o C/o Shri Hingwe's residence,
  Post Karanja, District Wardha.                  ... Petitioner


       Versus


  1. Chief Executive Officer,
     Zilla Parishad, Wardha.

  2. State of Maharashtra,
     through Secretary,
     Department of Rural Development,
     Govt. of Maharashtra,
     Mantralaya,
     Mumbai 400 032.

  3. Chief Accounts and Finance Officer,
     Zilla Parishad, Wardha.

  4. Chairman,
     Caste Scrutiny Committee for S.T.,
     Adivas Vikas Bhawan, Giripeth,
     Amravati Road, Nagpur.                       ... Respondents




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  Shri B. Lahiri, Advocate for Petitioner.
  Shri   A.M.   Deshpande,   Assistant   Government   Pleader   for 
  Respondent No.2.

               Coram : R.K. Deshpande & M.G. Giratkar, JJ.

Date : 15th November, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. The challenge in this petition is to the order

dated 26-3-2012 passed by the Finance Department of the Zilla

Parishad, Wardha, extending the benefit of 'Modified Assured

Career Scheme' to the petitioner in the scale of Rs.9300-34800 +

Grade Pay Rs.4200 with effect from 24-10-2007 to the extent it

imposed the condition of producing a caste validity certificate

from the competent Scrutiny Committee.

2. On 1-10-2013, after hearing the parties, this Court

passed an order as under :

" Heard Shri Lahiri, learned counsel for the petitioner and Shri Mokadam, learned counsel for respondents 1 and 3.

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The challenge in the present Writ Petition is to the communication dated 26th March 2012 whereby the order of financial up-gradation that was passed in favour of the petitioner on 27th June 2011 has been sought to be withdrawn. The reason as mentioned in the aforesaid communication is that as the petitioner did not submit his caste validity certificate said benefit was being withdrawn.

According to Shri Lahiri, the learned counsel for the petitioner, aforesaid order was passed without grant of any opportunity of hearing to the petitioner. It is further submitted that entitlement to time bound promotion and higher scale is on account of rendering 12 years service and the same is not dependent upon production of validity certificate. He has relied upon the Government Resolution dated 1st April 2010.

Shri Mokadam, the learned counsel for respondents 1 and 3 has submitted that in view of the Government Resolution dated 1st July 2011 as the petitioner did not submit his caste validity certificate he was not entitled to aforesaid benefit.

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We have perused the aforesaid Government Resolution dated 1st July 2011 as well as the scheme for accelerated promotion vide Government Resolution dated 1st April 2010. In both these Government Resolutions there is no requirement that for being entitled for time bound promotion the employee should furnish the caste validity certificate.

As arguable questions are raised we issue Rule in the Writ Petition. As the petitioner has made out a primafacie case impugned communication dated 26th March 2012 shall remain stayed during the pendency of the present Writ Petition.

Shri Mokadam, the learned counsel waives notice of Rule for respondents no.1 and 3. Shri Puranik, learned counsel waives notice on behalf of the respondent no.4 and Shri Kankale, the learned Assistant Government Pleader waives notice for respondent no.2."

3. This Court prima facie observed that in the Government

Resolution, there is no requirement that for being entitled for the

time bound promotion, the employee should furnish a caste

validity certificate. Till this date, there is no response to such

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prima facie observation by this Court from any of the

respondents.

4. Be that as it may, the petitioner has produced the

certificate of validity issued on 18-6-2015 validating his claim for

Special Backward Class category by the Caste Certificate Scrutiny

Committee, which is the competent authority. In view of this,

the reason for not making the benefit available to the petitioner

for want of production of the validity certificate, cannot be

sustained. Once the validity certificate is issued, the petitioner

becomes qualified to get such benefit.

5. In the result, this petition is allowed and the

respondents are directed to grant all financial benefits to the

petitioner, in terms of the order of the Finance Department of

the Zilla Parishad, Wardha, dated 27-6-2011. However, the

petitioner shall not be entitled for the arrears up to 31-3-2010,

though his fixation would be from 24-10-2007. All the

entitlements be released to the petitioner within a period of

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three months from the date of production of the copy of this

judgment to the respondents; failing which, the respondents

shall have to pay the costs of Rs.15,000/- (Rupees Fifteen

Thousand) to the petitioner.

6. Rule is made absolute in the aforesaid terms. No order

as to costs.

(M.G. Giratkar, J.) (R.K. Deshpande, J.)

Lanjewar, PS