Pramod S/O Vishram Thakar vs State Of Maharashtra Thru ...
2021 Latest Caselaw 13658 Bom

                                                                                            7_wp_2376_2019


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

        Digitally signed                       CIVIL APPELLATE JURISDICTION
MEGHA   by MEGHA S
        PARAB
S       Date:
PARAB
                                               WRIT PETITION NO.2376 OF 2019
        2021.09.23
        15:31:20 +0530



                                                           WITH
                                            INTERIM APPLICATION NO.4144 OF 2019
                                                            IN
                                               WRIT PETITION NO.2376 OF 2019

                           Pramod s/o Vishram Thakar                        ...Petitioner
                                          Versus
                           The State of Maharashtra and Ors.               ...Respondents
                                                                ...
                           Mr. Yeramwar S.C. for the Petitioner.
                           Mr. P.G. Sawant, AGP for Respondent Nos.1 to 3-State.


                                                    CORAM : PRASANNA B. VARALE &
                                                            N. R. BORKAR, JJ.

Date : 22nd September , 2021.

P. C. :

1. Heard learned counsel Mr. Yeramwar for the Petitioner and

learned AGP for Respondent Nos.1 to 3.

2. Learned counsel Mr. Yeramwar by inviting our attention to

notice issued to Petitioner dated 21st August, 2021 claimed urgency in the

matter and prayed for interim relief. It is submitted before this Court that

the Petitioner has raised a challenge to the order passed by the Caste

Scrutiny Committee invalidating claim of the Petitioner belonging to Thakar

scheduled tribe. Learned counsel for the Petitioner submitted that the order

impugned in the petition is unsustainable on more than one ground. It is

Megha 1/ 2 7_wp_2376_2019

submitted that the Caste Scrutiny Committee committed a serious error, by

rejecting the caste claim on placing the heavy reliance on area restriction

order. It is the submission of learned counsel that issues on which the

Committee rejected the caste claim are covered by the judgments of the

Hon'ble Apex Court and thus the Committee ought not to have rejected the

caste claim on these grounds. Learned counsel for the Petitioner submitted

that Petitioner is working as Peon since November, 2000 and if interim order

is not passed in favour of the Petitioner, then there is every likelihood of

taking adverse action by the Respondents including termination of services.

3. Learned AGP expressed his inability to make any submissions in

view of non availability of instructions or non fling of reply to the petition.

4. Considering submissions advanced by the learned counsel for

the Petitioner, we are of the opinion that counsel for the Petitioner has made

out a case for passing an interim order. Accordingly, we direct Respondents,

more particularly Respondent Nos.3 and 4 not to take any coercive action in

so far as services of Petitioner is concerned, till the next date. Post the

petition for further consideration on 20th October, 2021.

5. All concerned to act upon an authenticated copy of this order

issued by registry of this Court.

         [N R. Borkar, J.]                  [Prasanna B. Varale, J.]



Megha                                                                   2/ 2