Arun Hiraman Navasare vs The State Of Maharashtra And ...
2021 Latest Caselaw 14577 Bom

                                            1                               1012 wp.7115.21.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                      1012 WRIT PETITION NO.7115 OF 2021

                        ARUN HIRAMAN NAVASARE
                                VERSUS
                 THE STATE OF MAHARASHTRA AD ANOTHER
                                       ...
Advocate for Petitioner : Mr. S. S. Phatale, h/f Mr. Sushant C. Yeramwar.
AGP for Respondent/State: Mr. S. B. Pulkundwar.
Advocate for Respondent No.2 : Mr. Shailesh P. Brahme.
                                      ...


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

                                  DATE          :   06th October, 2021.

P.C.:

1. 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.531 of 2017. This Court under the judgment and order

dated 15th February, 2017 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. On 30th June, 2017 SBC

validity is issued 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.

2 1012 wp.7115.21.odt

3. The learned AGP accepts notice for Respondents/State.

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

4th 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