Vijay Ramchandra Punde vs The State Of Maharashtra Through ...
2021 Latest Caselaw 14375 Bom

                                            1                                13 wp.11016.21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                         13 WRIT PETITION NO.11016 OF 2021

                          VIJAY RAMCHANDRA PUNDE
                                   VERSUS
                         THE STATE OF MAHARASHTRA
                     THROUGH ITS SECRETARY AND ANOTHER
                                      ...
Advocate for Petitioners : Mr. Pratap V. Jadhavar.
AGP for Respondent/State: Mr. K. N. Lokhande.
Advocate for Respondent No.2 : Mr. Dipesh Pande, h/f Mr. D. S. Bagul.
                                    ...


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

                                     DATE       :   04th October, 2021.

P.C.:

.         The petitioner is placed on supernumerary post. The learned

counsel submits that the petitioner is granted protection under the

order of this Court after the invalidation of caste claim in the writ

petition filed at the Principal Seat bearing Writ Petition No.4820 of

2021 under the order dated 7th July, 2003.

2 The fact that the protection is granted to the petitioner in the

aforesaid writ petition after invalidation of the caste claim is not

disputed by the employer.

3 We have also heard the learned Assistant Government Pleader

for the State.

                                                2                               13 wp.11016.21.odt




      4         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.

5 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.

6 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.

7 In view of the aforesaid, the impugned communication placing

the petitioner on supernumerary post is quashed and set aside.

8 Writ Petition is accordingly disposed of. No costs.

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