Bombay High Court
Sharad S/O Wasudeo Gunnade vs The State Of Maharashtra, Through ... on 15 December, 2021
Bench: A.S. Chandurkar, G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.413 OF 2020
1. Sharad S/o Wasudeo Gonnade,
Aged about 47 yrs, Occ. Service,
R/o Near Marathi Uchcha Primary
School, Sitabuldi, Armori,
Tah. Armori, Distt. Gadchiroli
.... PETITIONER
// VERSUS //
1. The State of Maharashtra
Through its Chief Secretary,
General Administration Deptt.,
Mantralaya, Mumbai-32.
2. The Deputy Conservator of
Forest,
Wadsa Forest Division, Wadsa,
Distt. Gadchiroli .... RESPONDENTS
Shri S.R. Narnaware, Advocate for petitioner.
Smt. Sangita Jachak, AGP for respondent Nos.1 and 2/State.
_____________________________________________________________
CORAM : A.S. CHANDURKAR, AND
G.A. SANAP, JJ.
DATE : 15.12.2021
ORAL JUDGMENT: (Per: A.S. CHANDURKAR J.)
1. Rule. Rule made returnable forthwith. Heard finally
with consent of learned counsel for the parties.
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2. The petitioner was appointed as Forest Guard, on a
post that was reserved for Scheduled Tribe candidate on
17.07.1995. The Tribe Certificate of the petitioner was
invalidated on 25.01.2016. The petitioner therefore approached
this Court challenging the said order in Writ Petition
No.2566/2016. By the judgment dated 22.06.2016 this Court
upheld the order of invalidation but protected the services of the
petitioner on the post of Forest Guard. In the said judgment, it
was made clear that neither the petitioner nor his progeny would
be entitled for any claim the benefits meant for "Halba" as
belonging to the Scheduled Tribe, in future. Thereafter on
21.12.2019 Government Resolution was issued by the respondent
No.1 seeking to implement the judgment of the Hon'ble Supreme
Court in the case of Chairman and Managing Director, Food
Corporation of India and Others Vs. Jagdish Balaram Bahira and
Others. (2017) 8 SCC 670. In paragraph 4.3 thereof it has been
held that in respect of employees whose claims have been
invalidated, they shall be placed on a supernumerary posts for a
period of eleven months. Acting on the said Government
Resolution the respondent No.2 issued an order dated
31.12.2019 and placed the petitioner on a supernumerary post.
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Being aggrieved the petitioner has challenged the same.
3. Shri S.R. Narnaware, learned Advocate for the
petitioner submits that the issue arising in this Writ Petition has
been decided by the Aurangabad Bench of this Court in Writ
Petition No.903/2020 with connected Writ Petitions (Raja
Tukaram Shinde Vs. The State of Maharashtra, Tribal
Development Department, Mantralaya, Mumbai and another
with connected matters) on 04.05.2021. He submits that
Government Resolution dated 21.12.2019 has been directed to
be applied in a manner so as not to include employees whose
tribe-claims are invalidated but are granted protection in
employment by the orders of the Court. It is therefore, submitted
that similar course be followed and the order dated 31.12.2019
be set aside.
4. Smt. Sangeeta Jachak, Learned Assistant Government
Pleader for the respondent No.1 and 2/State opposes the
aforesaid contention. It is submitted that the judgment referred
to herein above is sought to be challenged by the State
Government before the Hon'ble Supreme Court and hence the
relief as prayed for may not be granted.
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5. On perusing the judgment in Raja Tukaram Shinde
(supra) we find that this Court has held that in cases where
employment is protected by the orders of the Court and those
judgments have attained finality Government Resolution dated
21.12.2019 could not be made applicable.
6. We are inclined to follow the aforesaid judgment of
Division Bench and hence for the reasons assigned in the said
judgment the following order is passed:-
ORDER
(i) The order dated 31.12.2019 issued by the respondent
No.2 appointing the petitioner on supernumerary post is set
aside.
(ii) The petitioner is entitled to continue in employment
in terms of the earlier order of protection that was passed in Writ
Petition No.2566/2016.
Rule is made absolute in the aforesaid terms. No costs.
JUDGE JUDGE
manisha
Signed By:MANISHA ALOK
SHEWALE
Signing Date:17.12.2021 15:58
