Dharmanna Lingappa Belle vs The State Of Maharashtra And ...
2021 Latest Caselaw 16099 Bom

                                   1                                wp 12628.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               26 WRIT PETITION NO.12628 OF 2021

                         DHARMANNA LINGAPPA BELLE
                                  VERSUS
               THE     STATE OF MAHARASHTRA AND ANOTHER
                                    ...
    Advocate          for Petitioner: Mr. Pratap V. Jadhavar
      AGP for         Respondent No. 1: Mr. K. N. Lokhande
     Advocate         for Respondent No. 2: Mr. D. S. Bagul
                                    ...

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

                                   DATE:      22nd NOVEMBER, 2021

 PER COURT:

 1.       Mr.        Jadhavar,         learned       Counsel           for        the

 petitioner              submits       that   tribe         claim         of      the

 petitioner             was    invalidated.        The      petitioner            had

filed writ petition before this Court. This Court

confirmed the invalidation, however, granted

protection in service.

2. The learned Counsel for the petitioner

further submits that, now, the petitioner is

placed on supernumerary post by respondent no. 2.

                                       2                                wp 12628.2021

 3.       Mr.        Bagul,          learned     Counsel           appears           for

respondent no. 2 and submits that as the tribe

certificate of the petitioner is invalidated he is

rightly placed on the supernumerary posts; as per

the policy of the State Government.

4. We have also heard the learned A.G.P. for the

State.

5. 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.

6. 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.

                                        3                                wp 12628.2021

 7.       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.

8. In view of the aforesaid, the impugned

communication placing the petitioner on

supernumerary post is quashed and set aside.

9. Writ Petition is accordingly disposed of. No

costs.

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

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