Bombay High Court
Vinayak Digambar Ankurkar vs State Of Maharashtra Through Its ... on 30 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 80-105 wp.918.21 others.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
80 WRIT PETITION NO.918 OF 2021
CHANDRAKANT S/O DAMODHAR SHETE
VERSUS
STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioners : Mr. Rajendra J. Kankale.
AGP for Respondent/State: Mr. S. P. Tiwari.
...
AND
81 WRIT PETITION NO.6570 OF 2021
KU. RANGUBAI GOVARDHAN TAPRE
VERSUS
THE STATE OF MAHARASHTRA THR. ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. P. Tiwari.
...
AND
82 WRIT PETITION NO.6571 OF 2021
PURNAJI BANSIRAM TAROLE
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. P. Tiwari.
...
AND
83 WRIT PETITION NO.6601 OF 2021
BANDU SHRIRAM UKARDE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioners : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. P. K. Lakhotiya.
...
2 80-105 wp.918.21 others.odt
AND
84 WRIT PETITION NO.6605 OF 2021
VENUKA BHIMRAO KHEDKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. P. K. Lakhotiya.
...
AND
85 WRIT PETITION NO.8351 OF 2021
SHYAMRAO PUNDLIK KHAWALE
VERSUS
STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. K. Tambe.
Advocate for Respondent No.2 : M. D. S. Bagul.
...
AND
88 WRIT PETITION NO.8376 OF 2021
SHIVDAS SHRIRAM RAIBOLE
VERSUS
STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. P. Tiwari.
Advocate for Respondent No.2 : M. D. S. Bagul.
...
AND
91 WRIT PETITION NO.9433 OF 2021
VIJAY SHESHRAO NIKHARE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. P. K. Dhomne.
AGP for Respondent/State: Mrs. V. N. Patil-Jadhav.
...
3 80-105 wp.918.21 others.odt
AND
93 WRIT PETITION NO.9436 OF 2021
ASHOK MAROTRAO PARATE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. P. K. Dhomne.
AGP for Respondent/State: Mrs. V. N. Patil-Jadhav.
...
AND
94 WRIT PETITION NO.9548 OF 2021
SUBHASH HIMMATRAO DHORE
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. P. Tiwari.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
AND
96 WRIT PETITION NO.9550 OF 2021
DEOKISAN LAXMANRAO PATKAR
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. P. Tiwari.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
AND
97 WRIT PETITION NO.9551 OF 2021
UDDHAV UTTAMRAO KALAMKHEDE
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. W. Munde.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
4 80-105 wp.918.21 others.odt
AND
98 WRIT PETITION NO.9552 OF 2021
VINAYAK DIGAMBAR ANKURKAR
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. W. Munde.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
AND
99 WRIT PETITION NO.9553 OF 2021
ANIL NAGORAO WAWARE
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. W. Munde.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
AND
100 WRIT PETITION NO.9554 OF 2021
KAILASH VISHWASRAO KOLTAKKE
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. W. Munde.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
AND
101 WRIT PETITION NO.9555 OF 2021
VINOD DEVIDAS CHUNKIKAR
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. W. Munde.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
5 80-105 wp.918.21 others.odt
AND
102 WRIT PETITION NO.9556 OF 2021
LEELADHAR INDRABHAN CHUNKIKAR
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. W. Munde.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
AND
103 WRIT PETITION NO.9557 OF 2021
KAILASH RUPRAO TARALE
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Sachin D. Khati.
AGP for Respondent/State: Mr. S. P. Tiwari.
Advocate for Respondent No.2 : Mr. D. S. Bagul.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE : 30th August, 2021.
P.C.:
. 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
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protection is granted by this Court, the same cannot be re-opened.
2. The learned Advocates for petitioners also informed that they
have informed Mr. B. N. Jaipurkar, learned counsel for the employer in
some of the matters.
3. The learned A.G.P. and Mr. Bagul, learned counsel for the
employer in some of the matters 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
committee. The petitioners filed writ petitions 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.
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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. The writ petitions are disposed of. No costs.
[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ]
nga
