Vidya Bhaskar Patil vs The State Of Maharashtra And ...
2021 Latest Caselaw 12003 Bom

                                    1              946-wp 9484-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD
                  WRIT PETITION NO. 9484 OF 2021
 Vidya Bhaskar Patil                                            .. Petitioner
          Versus
 The State of Maharashtra and another                           .. Respondents

 Mr. Vishnu Madan-Patil, Advocate h/f Mr. Pratap V. Jadhavar, Advocate
 for the Petitioner.
 Mr. K. N. Lokhande, AGP for Respondent No. 1.
 Mr. S. S. Tope, Advocate for Respondent No. 2.

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

DATED : 27th AUGUST, 2021.

PER COURT:-

. The petitioner was appointed as a Steno/Typist from Scheduled

Tribe category. The tribe claim of the petitioner was invalidated by the

scrutiny committee. The petitioner assailed the said judgment before

this Court by filing writ petition No. 2752 of 2002. This Court under

judgment and order dated 23.06.2015 upheld the judgment of the

committee invalidating the tribe claim of the petitioner. At the same

time, granted protection in service to the petitioner observing that the

petitioner has not obtained caste certificate falsely and fraudulently.

Under the impugned communication the petitioner is placed on

supernumerary post on the ground that the petitioner has failed to get

the validity certificate.

2. We have heard the learned counsel for the petitioner, the learned

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A.G.P. for respondent No. 1 and Mr. Tope, learned counsel for

respondent No. 2.

3. The issue is no longer res-integra. This Court under it's Judgment

and Order dated 04.05.2021 in Writ Petition No. 903 of 2020 with

connected writ petitions held that if the protection has been granted by

this Court, the same has become final then it would not be open for the

respondent now to place the petitioners on the supernumerary posts.

4. In light of the above and for the reasons recorded in the

Judgment and Order dated 04.05.2021 passed in Writ Petition No. 903

of 2020 with connected writ petitions, we follow the same course. [

5. In the light of above, the Government Resolution dated

21.12.2019 shall be read in a manner not to include the employees

whose tribe claims are invalidated, but are granted protection in

employment under the judgments/orders of this Court and the said

judgments/orders have attained finality. [

6. In view of the aforesaid, the impugned communication placing

the petitioner on supernumerary post is quashed and set aside.

7. Writ Petitions is accordingly disposed of. No costs.

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

 P.S.B.

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