Pralhad Sakharam Koli vs The State Of Maharashtra And ...
2022 Latest Caselaw 3970 Bom

                                      1                 904-WP.3871-22.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     904 WRIT PETITION NO.3871 OF 2022

                       PRALHAD SAKHARAM KOLI
                               VERSUS
                THE STATE OF MAHARASHTRA AND OTHERS

                                       ...
       Adv. for Petitioner : Mr. S. S. Phatale h/f Mr. Yeramwar S. C.
              AGP for Respondent/s-State : Mr. S. K. Tambe.
                                       ...

                               CORAM : R. D. DHANUKA, AND
                                       S. G. MEHARE, JJ.

DATE : 12.04.2022

PER COURT :-

1. Issue notice upon respondent Nos.3 and 4, returnable on

04.05.2022. To be placed high on board.

2. Mr. Tambe, learned AGP waives service of notice on

behalf of respondent Nos.1 and 2-State Authorities. Humdast

is permitted.

3. In addition to Court notice, the petitioner is permitted to

serve respondent Nos.3 and 4 by private notice.

4. It shall be made clear in the notice that matter would be

heard finally subject to time constrain. Respondent Nos.3 and

2 904-WP.3871-22.odt

4 shall file an affidavit-in-reply and indicate as to whether any

action was taken against the petitioner for not submitting the

caste validity certificate since the date of appointment of the

petitioner on 11.01.1988 till 2020 or not.

5. Mr. Tambe, learned AGP tenders a copy of the order

dated 14.03.2022 by which respondent No.2-Committee has

rejected the caste claim of the petitioner. Copy of the said order

has been also served upon the learned counsel for the

petitioner across the bar. Learned counsel for the petitioner

seeks time to take instructions so far as the said order dated

14.03.2022 is concerned and to make appropriate statement

before this Court.

6. Learned counsel placed reliance on an unreported

judgment dated 05.04.2022 delivered by the Nagpur Bench of

this Court in Writ Petition No.5706 of 2021 in case of Ms.

Shalini d/o Purushottam Bokade Vs. State of Maharashtra and

others. He submits that since no action was taken by the

employer since inception against the petitioner for not

submitting the caste validity certificate for more than 20 years

and the petitioner was not placed on a supernumerary post

3 904-WP.3871-22.odt

when the petitioner was in service, respondent Nos.3 and 4

cannot refuse to pay the retirement benefit of the petitioner

including pension. We will consider the said judgment

delivered by this Court in case of Shalini Bokade ( supra) on the

next date and would decide whether retirement benefits can be

granted, though the petitioner did not submit the caste validity

certificate before his retirement or the caste claim of the

petitioner having been rejected by respondent No.2-

Committee.

      (S. G. MEHARE, J.)                         (R. D. DHANUKA, J.)

                                       ...

     vmk/-