Sanjay Apparao Raut vs The State Of Maharashtra And ...
2021 Latest Caselaw 9361 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                       957 WRIT PETITION NO. 7698 OF 2021

 Anil Arjun Balwant
 and others                                                     .. Petitioners

          Versus

 The State of Maharashtra and another                           .. Respondents

 Mr. Sanjay A. Wakure, Advocate for the Petitioners.
 Mrs. M. A. Deshpande, Addl. G. P. for Respondent No. 1.
 Mr. A. B. Dhongade, Advocate for Respondent No. 2.

                      1026 WRIT PETITION NO. 7767 OF 2021

 Sanjay Apparao Raut                                            .. Petitioner

          Versus

 The State of Maharashtra and another                           .. Respondents

 Mr. Sanjay A. Wakure, Advocate for the Petitioner.
 Mrs. M. A. Deshpande, Addl. G. P. for Respondent No. 1.
 Mr. A. B. Dhongade, Advocate for Respondent No. 2.

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

DATED : 16th JULY, 2021.

PER COURT:-

. In both these matters, the tribe claims of the petitioners are

invalidated. Their services are protected under the orders of this Court

in Writ Petition No. 1418 2006 and Writ Petition No. 7771 of 2015

dated 26.02.2016. The petitioners are now placed on supernumerary

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posts on the basis of impugned communication on the ground of

invalidation of the tribe claims.

2. Mr. Wakure, learned Counsel for the petitioners submits that in

all these cases tribe claims of the petitioners were invalidated. The

petitioners had filed writ petitions before this Court. This Court

confirmed the invalidation, however, granted protection in service.

3. The learned counsel for the petitioners further submits that, now,

the petitioners are placed on supernumerary posts by respondent no. 2.

4. Mr. Dhongade, learned Counsel appears for respondent No. 2

and submits that as the tribe certificates of the petitioners are

invalidated they are rightly placed on the supernumerary posts; as per

the policy of the State Government.

5. We have also heard the learned Additional Government Pleader

for the State.

6. The issue is no longer res-integra. This Court under it's judgment

and order dated 04.05.2021 in Writ Petition No. 903 of 2020 with

connected writ petitions held that if the protection has been granted by

this Court, the same has become final then it would not be open for the

respondent now to place the petitioners on the supernumerary posts.

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7. In light of the above and for the reasons recorded in the

Judgment and Order dated 04.05.2021 passed in Writ Petition No. 903

of 2020 with connected writ petitions, we follow the same course.

8. In the light of above, the Government Resolution dated

21.12.2019 shall be read in a manner not to include the employees

whose tribe claims are invalidated, but are granted protection in

employment under the judgments/orders of this Court and the said

judgments/orders have attained finality.

9. In view of the aforesaid, the impugned communications placing

the petitioners on supernumerary posts are quashed and set aside.

10. Writ Petitions are accordingly disposed of. No costs.

 ( R. N. LADDHA )                               ( S. V. GANGAPURWALA )
      JUDGE                                              JUDGE




 P.S.B.




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