Pradip Balkrushna Ingale vs The State Of Maharashtra And ...
2021 Latest Caselaw 10042 Bom

                                            1                                  985 wp.8157.21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                         985 WRIT PETITION NO.8157 OF 2021

                          PRADIP BALKRUSHNA INGALE
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                      ...
Advocate for Petitioner : Mr. Sushant C. Yeramwar.
AGP for Respondent/State: Mrs. D. S. Jape.
                                   ...


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

                                     DATE       :    30th July, 2021.

P.C.:

.         The learned counsel submits that the petitioner is appointed

from Scheduled Tribe category by the respondents. The caste claim of

the petitioner was invalidated. The petitioner had filed Writ Petition

No.542 of 2005. This Court under the judgment and order dated 1 st

August, 2016 dismissed the writ petition and confirmed the order of the

Tribunal invalidating the caste claim. However, this Court granted

protection in service to the petitioner. The said order has become final.

The learned counsel submits that now the petitioner is placed on

supernumerary post.

2         Issue notice to the Respondents.



3         The learned AGP accepts notice for Respondents/State.





                                                2                                985 wp.8157.21.odt




      4         The issue is no longer res-integra. In Writ Petition No.903 of

2000 with connected writ petitions, this Court under judgment and

order dated 4th May, 2021 has observed that once the protection has

been granted by this Court after invalidation of the caste claim, the

said order having become final, the respondents cannot place the

petitioner on supernumerary post on the ground that the caste claim is

invalidated.

5 For the reasons recorded in the judgment and order dated 4 th

May, 2021 in Writ Petition No.903 of 2020 with connected writ

petitions, the impugned order is quashed and set aside.

6 The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga