Shivaji Dattu Koli vs The State Of Maharashtra Through ...
2021 Latest Caselaw 13984 Bom

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                                                         911 Writ Petition 10145 of 2021.odt




               THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.

                         WRIT PETITION NO. 10145 OF 2021


.         Shivaji Dattu Koli,
          Age : 57 years, Occ. Service,
          R/o At Turambe Tq. Radhanagari,
          Dist. Kolhapur.                           ... PETITIONER

                  VERSUS

1.        The State of Maharashtra,
          Through its Chief Secretary,
          General Administrative Department
          Mantralaya Mumbai.

2.        The Collector,
          Collector Office Kolhapur,
          Division Kolhapur.

3.        Dy. Collector,
          Collector Office Kolhapur,
          Division Kolhapur.

4.        The Sub Divisional Officer
          Division Radhanagari,
          Dist. Kolhapur.

5.        The Tahsildar,
          Tahsil Office, Radhanagari,
          Tq. Radhanagari Dist. Kolhapur.           ... RESPONDENTS


                                 ...
Mr. Anandsingh Bayas, Advocate for the Petitioner.
Mrs. V. N. Patil-Jadhav, AGP for the Respondents.
                                    ...




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                                                              911 Writ Petition 10145 of 2021.odt


                                   CORAM : S. V. GANGAPURWALA &
                                           R. N. LADDHA, JJ.
                                   DATE       :   28th September, 2021.


ORAL JUDGMENT: ( Per S. V. Gangapurwala, J. )


.                 Rule. Rule made returnable forthwith. With the consent

of the parties, taken up for final hearing.



2                 The learned counsel for petitioner submits that the

petitioner is appointed from Scheduled Tribe category.                     The caste

claim of the petitioner was referred to the Scrutiny Committee. The

Scrutiny Committee invalidated the caste claim of the petitioner. The

petitioner filed writ petition challenging the same.                      This Court

upholding the judgment of the Committee, protected the services of

the petitioner under the judgment and order dated 15th January, 1997

in Writ Petition No.162 of 1997.            Now the petitioner is placed on

supernumerary post.



3                 We have heard the learned AGP for the respondents.



4                 The issue is no longer res-integra in view of the judgment

of this Court in Writ Petition No.903 of 2020 with connected writ

petitions dated 4th May, 2021. It has been held by this Court that once




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                                                                         911 Writ Petition 10145 of 2021.odt


      the judgment has become final inter-parties, the same would operate

      res-judicata.


      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, we follow the same course and pass the following order:


                                             ORDER

I. The Government Resolution dated 21st December,

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 judgment/

orders have attained finality.

II. In view of the aforesaid, the impugned communication

placing the petitioner on supernumerary post is

quashed and set aside.

III. Rule accordingly is made absolute in above terms.

No costs.

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