Pradeep Ramrao Bhiwate vs State Of Maharashtra And Another
2021 Latest Caselaw 10695 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 8337 OF 2021
          Shri. Prashant S/o Haribhau Khawas
          Aged about 47 years, Occupation : Service,
          R/o Flat No. B/202, second floor,
          Anand Palace No. 10, near Akshay Bhavan,
          Opposite Ashirwad Bar and Restaurant,
          Nehru Nagar, Nandanvan, Nagpur-440009.                    .. Petitioner
                  Versus
 1.       The State of Maharashtra ,
          Through its Secretary, General
          Administration Department,
          Mantralaya, Mumbai-32.

 2.       The Commissioner,
          Food and Drug Administration,
          Survey No. 341, Bandra-Kurla
          Complex, Bandra (East)
          Mumbai-400051.

 3.       The Joint Commissioner
          (Nagpur Division), Food & Drug
          Administration, 5th Floor, B-Wing,
          Administrative Building, Civil Lines,
          Nagpur.                                                   .. Respondents

Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 3.

AND WRIT PETITION NO. 8343 OF 2021 Ganesh S/o Sukhdeo Dhakate Aged about 52 years, Occupation : Service, R/o, Sarkarnagar, Kalyani Tower, Plot No. 121, Behind Radhika Mangal Karyalaya, Chandrapur. .. Petitioner

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Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Commissioner, Chandrapur Municipal Corporation, Chandrapur, Tahsil & District Chandrapur .. Respondents

Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. A. R. Kale, AGP for Respondent No. 1. Mr. A. G.Mate, Advocate for Respondent No. 2.

AND WRIT PETITION NO. 8344 OF 2021 Smt. Vasanti Moreshwar Bahadure Aged about 52 years, Occupation : Service R/o : Vijay Talkij, Bhanapeth Chandrapur, Dist. Chandrapur .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Commissioner, Chandrapur Municipal Corporation, Chandrapur, Tahsil & District Chandrapur. .. Respondents

Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. S. K. Tambe, AGP for Respondent No. 1. Mr. A. G. Mate, Advocate for Respondent No. 2.

AND WRIT PETITION NO. 8346 OF 2021 Shri Dinkar Pundlik Ingle Aged about 52 years, Occupation : Service R/o : PHC Chandol, District Buldhana .. Petitioner

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Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Chief Executive Officer, Zilla Parishad Buldhana. .. Respondents

Mr. S. D. Khati, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondent No. 1. Mr. T. M. Zaheer, Advocate for Respondent No. 2.

AND WRIT PETITION NO. 8347 OF 2021 Smt. Surekha W/o Gangadhar Devikar (Bawane) Aged about 50 years, Occupation : Service R/o : Plot No. 53, Shrinagar-1, Manewada Road, Nagpur-440024. .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Chief Executive Officer, Zilla Parishad, Civil Lines, Nagpur-01. .. Respondents

Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. S. P. Tiwari, AGP for Respondent No. 1. Mr. S. N. Gaikwad, Advocate for Respondent No. 2.

AND WRIT PETITION NO. 8348 OF 2021 Shri Sanjay S/o Marotrao Barwatkar Aged about 51 years, Occupation : Service R/o : Mira Changani Nagar, Plot No. 41, Near Swami Samarth Mandir, Dhamangao Railway, District Amravati - 444709 .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General

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Administration Department, Mantralaya, Mumbai-32.

2. The Superintending Engineer, Upper Wardha Sinchan Circle, Upper Wardha Colony, Shivaji Nagar, Amravati-444603.

3. Executive Engineer, Upper Wardha Irrigation Division, Upper Wardha Colony, Shivaji Nagar, Amravati-444603. .. Respondents

Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent No. 1. Mr. S. G. Jagtap, Advocate for Respondent Nos. 2 and 3.

AND WRIT PETITION NO. 8364 OF 2021 Rajesh S/o Gajanan Nagpure Aged about 48 years, Occupation : Service R/o : Mahakali Ward, Chandrapur, Tahsil & Dist. Chandrapur .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Commissioner, Chandrapur Municipal Corporation, Chandrapur, Tahsil & District Chandrapur. .. Respondents

Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. Mr. A. G.Mate, Advocate for Respondent No. 2.

AND WRIT PETITION NO. 8383 OF 2021 Rupesh S/o Devidas Ingale Aged 45 years, Occupation : Service R/o : At Post Anandwadi, Akot, Tq. Akot, Dist. Akola .. Petitioner

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Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Chief Executive Officer, Zilla Parishad, Akola. .. Respondents

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. Mr. Jaipurkar, Advocate for Respondent No. 2.

AND WRIT PETITION NO. 8384 OF 2021 Pradeep S/o Ramrao Bhiwate Aged 46 years, Occupation : Service R/o : Sahara Nagar, Anjangaon Surji, Tq. Anjangaon Surji, Dist. Amravati .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Chief Executive Officer, Zilla Parishad, Akola. .. Respondents

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. Mr. Jaipurkar, Advocate for Respondent No. 2.

AND WRIT PETITION NO. 8385 OF 2021 Kashinath S/o Mahadeo Tarale Aged 55 years, Occupation : Service R/o : At Post Apoti, Tq. & Dist. Akola .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General

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Administration Department, Mantralaya, Mumbai-32.

2. The Divisional Controller, Maharashtra State Road Transport Corporation, Akola, Tq. & Dist. Akola. .. Respondents

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1.

AND WRIT PETITION NO. 8386 OF 2021 Ramdas Pandurang Khobarkhede Aged 52 years, Occupation : Service R/o Khobarkheda, At Post Apoti Khurd, Tq. & Dist. Akola .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Divisional Controller, Maharashtra State Road Transport Corporation, Akola, Tq. & Dist. Akola. .. Respondents

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1.

AND WRIT PETITION NO. 8387 OF 2021 Ratan S/o Govardhan Patkar Aged 53 years, Occupation : Service R/o Pati, Tq. & Dist. Akola .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Divisional Controller, Maharashtra State Road

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Transport Corporation, Akola, Tq. & Dist. Akola. .. Respondents

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1.

AND WRIT PETITION NO. 8402 OF 2021 Rajendra S/o Wasudeorao Nimje Aged 51 years, Occupation : Service R/o Ward No. 10, Laxmi Nagar, Tq. Warud, Dist. Amravati .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Additional Commissioner, Tribal Development, Amravati. .. Respondents

Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2.

AND WRIT PETITION NO. 8405 OF 2021 Ku. Archana D/o Hajurdas Gokhale @ Smt. Archana W/o Surendra Kolhe, Aged 49 years, Occupation : Service R/o Plot No. 56, Venuvan Society, Friends Colony, Katol Road, Nagpur .. Petitioner Versus

1. The State of Maharashtra , Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.

2. The Maharashtra Remote Sensing Application Center, Through its Director, V.N.I.T. Campus, South Ambazari Road, Nagpur. .. Respondents Mr. S. D. Khati and P. K. Dhomne, Advocates for the Petitioner. Mr. S. K. Tambe, AGP for Respondent No. 1. Mr. A. R. Patil, Advocate for Respondent No. 2.

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CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 10th AUGUST, 2021.

ORAL JUDGMENT (PER S. V. GANGAPURWALA, J.) :-

. Rule. Rule made returnable forthwith. With the consent of

parties, taken up for final hearing at admission stage.

2. The learned counsel for the petitioners submits that the

petitioners are appointed from Scheduled Tribe category. Their tribe

claims were invalidated by the scrutiny committee. They had filed writ

petitions before this Court at Nagpur. The Division Bench of this Court

at Nagpur upheld the judgment of the committee under its judgment

and order dated 25.01.2008, but granted protection in service. The said

judgment has become final. Now, the petitioners are placed on

supernumerary posts. According to the learned counsel, once the

protection is granted by this Court, the same cannot be re-opened.

3. The learned A.G.P. in respective writ petitions submit that, in

view of the Government Resolution dated 21.12.2019, the employer

has rightly placed the petitioners on supernumerary posts.

4. It appears from the judgments on record that the tribe claims of

the petitioners as belonging to Scheduled Tribe are invalidated by the

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committee. The petitioners filed writ petition before this Court at

Nagpur. The invalidation of their tribe claims was upheld by the

Division Bench of this Court at Nagpur, however, were granted

protection in service. The said judgment has become final.

5. This Court in its judgment and order dated 04.05.2021 in Writ

Petition No. 903 of 2020 with other connected matters held that, once

the protection granted by this Court has become final, such employees

cannot be placed on supernumerary posts.

6. For the reasons recorded in the judgment and order dated

04.05.2021 in Writ Petition No. 903 of 2020 with other connected writ

petitions, the impugned order placing the petitioners on supernumerary

posts is quashed and set aside.

7. Rule is accordingly made absolute in above terms. No costs.

 ( R. N. LADDHA )                             ( S. V. GANGAPURWALA )
      JUDGE                                             JUDGE




 P.S.B.




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