Bombay High Court
Vilas Madhaorao Dhapudkar vs The State Of Maharashtra And ... on 30 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
This Order is modified/corrected by Speaking to Minutes Order dated 22/09/2021
1 86-90 wp.8365.21 others.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
86 WRIT PETITION NO.8365 OF 2021
VILAS MADHAORAO DHAPUDKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Nitin A. Jachak & S. K. Hatwar.
AGP for Respondent/State: Mr. S. W. Munde.
...
AND
87 WRIT PETITION NO.8371 OF 2021
MITHUN CHHAYARAM GONNADE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Nitin A. Jachak & S. K. Hatwar.
AGP for Respondent/State: Mr. S. W. Munde.
...
AND
89 WRIT PETITION NO.8412 OF 2021
MANOJKUMAR BHARATSINGH BAGHEL
VERSUS
THE STATE OF MAHARASHTRA THR. ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Nitin A. Jachak & S. K. Hatwar.
AGP for Respondent/State: Mr. S. W. Munde.
...
AND
90 WRIT PETITION NO.8413 OF 2021
YADAV LAXMAN BOKDE
VERSUS
THE STATE OF MAHARASHTRA THR. ITS SECRETARY AND ANOTHER
...
Advocate for Petitioner : Mr. Nitin A. Jachak & S. K. Hatwar.
AGP for Respondent/State: Mr. S. W. Munde.
...
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This Order is modified/corrected by Speaking to Minutes Order dated 22/09/2021
2 86-90 wp.8365.21 others.odt
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
protection is granted by this Court, the same cannot be re-opened.
2. The learned A.G.P. submits that in view of the Government
Resolution dated 21.12.2019, the employer has rightly placed the
petitioners on supernumerary posts.
3. 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 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.
This Order is modified/corrected by Speaking to Minutes Order dated 22/09/2021
3 86-90 wp.8365.21 others.odt
4. 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.
5. 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.
6. The writ petitions are disposed of. No costs.
[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ]
nga
