Motiram Govindrao Patange vs The State Of Maharashtra And ...
2021 Latest Caselaw 15785 Bom

                                            1                    CA/ 11998 /2021



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 11998 OF 2021 IN
                         WRIT PETITION NO. 7716 OF 2016

Motiram Govindrao Patange                                  ... Applicant

          VERSUS

The State of Maharashtra and others                        ... Respondents

                                      ...
Mr. R.K. Ashtekar, Advocate for applicant
Mr. S.R. Yadav, AGP for respondent no. 1 - State
Mr. A.B. Dhongade, Advocate for respondent no. 3
                                      ...

                                    CORAM : RAVINDRA V. GHUGE
                                                   AND
                                            S. G. MEHARE, JJ.

DATE : 15TH NOVEMBER 2021

PC :

1. The applicant is the petitioner before us in a writ petition

which is filed on 07-11-2006 and has been admitted. No interim relief

has been granted to the petitioner as against his caste claim having

been invalidated.

2. By this civil application, the petitioner prays for a stay to the

notice dated 24-03-2021, which he contends to have been served on

him on 23-10-2021. Vide the said notice, the MSRTC has relied upon a

judgment delivered by the Honourable Supreme Court in Chairman and

Managing Director, FCI and others Vs. Jagdish Balaram Bahira and

others (2017) 8 SCC 670, by which a view has been taken that those

employees whose caste claim is invalidated, should not be granted any

2 CA/ 11998 /2021

protection. The grievance of the petitioner is that his position which was

earlier protected by the MSRTC itself, has been altered by the said

notice and the said position is now converted into a supernumerary

post. He is to retire within eight months and his salary would be

reduced.

3. Since the petition is ready for a final hearing, we are listing

the same on 02-12-2021. No orders in this Civil Application.

[S.G. MEHARE, J.] [RAVINDRA V. GHUGE, J.]

arp/