Ku. Nalu D/O Sheshrao Pete vs State Of Maharashtra, Through Its ...
2021 Latest Caselaw 17774 Bom

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                                                     J32wp3297.2020.odt



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                NAGPUR BENCH, NAGPUR.


               WRIT PETITION NO.3297 OF 2020
     Ku. Nalu d/o Shesharo Pete
     After marriage Mrs. Nalu Santosh Patkar
     Aged about 51 years, Occ. Service,
     Assistant Teacher, R/o. Shree Gajanan Krupa,
     Raut Wadi, Kridasankulan Road,
     Buldhana
                                                     .... PETITIONER
                             VERSUS
1.   State of Maharashtra,
     through its Secretary,
     General Administration Department,
     Mantralaya, Mumbai - 32

2.   The Schedule Tribe Caste Certificate Scrutiny
     Committee, Amravati Division, Amravati
     through its Vice Chairman/Member
     Secretary, Amravati Division
     Amravati

3.   The Chief Executive Officer,
     Zilla Parishad, Buldhana

4.   Block Education Officer,
     Panchayat Samiti, Buldhana,
     Zilla Parishad, Buldhana,
     District Buldhana

5.   The Education Officer (Primary),
     Zilla Parishad,
     Buldhana
                                                 ...RESPONDENTS
___________________________________________________________
     Shri S.G. Joshi, Advocate for the petitioner.
     Shri A.R. Chutke, Assistant Government Pleader for the
     respondent Nos.1 & 2/State.
___________________________________________________________
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                                                J32wp3297.2020.odt




                      CORAM        : A.S. CHANDURKAR AND
                                     G.A. SANAP, JJ.
                      DATED        : DECEMBER 21, 2021.


JUDGMENT (Per A.S. Chandurkar, J.) :

Rule. Rule is made returnable forthwith. Heard

learned counsel for the parties.

2. The petitioner who is employed with Zilla Parishad,

Buldhana as Assistant Teacher seeks protection for services till

his tribe claim of belonging to "Koli Mahadeo" is decided by the

Scrutiny Committee. That tribe claim is pending with the

respondent No.2-Committee.

3. Attention is invited to the orders passed in Writ

Petition Nos.6705/2019 (Prashant S/o. Jaywantrao Katole Vs.

The Scheduled Tribes Caste Certificate Scrutiny Committee &

anr.) and 6709/2019 (Raju s/o Kisanrao Katole Vs. The State of

Mah. & ors.). By those orders it was directed that subject to

decision of the Scrutiny Committee the services of the petitioner

therein would stand protected as Government Resolution

J32wp3297.2020.odt

dated 21/12/2019 would not apply to those persons whose

caste claims are pending. It is further seen that by interim

order passed in this writ petition on 01/10/2020 the services of

the petitioner have been protected.

4. The learned Assistant Government Pleader, on

instructions, submits that within further period of six months,

the tribe claim of the petitioner would be decided.

5. In view of aforesaid the writ petition is disposed of

by continuing the interim order dated 01/10/2020 and

protecting the services of the petitioner till the tribe claim of

the petitioner is decided by the Scrutiny Committee. The

Scrutiny Committee shall take necessary steps to adjudicate the

said claim by the end of June, 2022.

6. Rule is made absolute in the aforesaid terms. No

costs.

Signed By:DIVYA SONU BALDWA

Signing Date:21.12.2021 19:00 (G.A. SANAP, J.) (A.S. CHANDURKAR, J.) *DB