The State Of Maharashtra And ... vs Prashant Mohansingh Jhala
2021 Latest Caselaw 11122 Bom

                                    1               10-CA 8062-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                    CIVIL APPLICATION NO. 8062 OF 2021
               IN REVIEW APPLICATION (ST.) NO. 20171 OF 2021
                     IN WRIT PETITION NO. 1151 OF 2011

 The State of Maharashtra
 Through Principal Secretary
 and another                                                     .. Applicants

          Versus

 Prashant Mohansingh Jhala                                       .. Respondent

 Mr. A. R. Kale, A.G.P. for the Applicants.
 Mr. M. S. Deshmukh, Advocate for Respondent.

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

DATED : 17th AUGUST, 2021.

PER COURT:-

. The present civil application is filed by the State for condonation

of delay of 2367 days in filing review of the order dated 09.01.2015

passed in Writ Petition No. 1151 of 2011. Under the judgment and

order dated 09.01.2015 passed in Writ Petition No. 1151 of 2011 this

Court had upheld the judgment of the scrutiny committee invalidating

the tribe claim of the respondent herein, however, granted protection in

service.

2. The present review is filed on the premise that the Apex Court in

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a case of Chairman and Managing Director FCI and Ors. Vs. Jagdish

Balaram Bahira and Ors. reported in (2017) 1 SCC 670 has held that

once the claim is invalidated, the protection in service cannot be

granted and the judgment of the Full Bench of this Court in a case of

Arun Sonone vs. State reported in 2015 (1) MLJ 457 is set aside.

3. The protection granted by this Court has become final, then the

same cannot be reopened. The said judgment has become final and the

benefit of that judgment is also accorded to the present non applicant.

The ground that subsequently the Apex Court has taken a particular

view could not be a ground to condone inordinate delay of 2367 days.

4. In view of that, civil application is rejected.

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




 P.S.B.




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