Bombay High Court
Purushottam Waman Kohad vs The State Of Maharashtra And ... on 25 April, 2022
Bench: R.D. Dhanuka, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
85 WRIT PETITION NO.828 OF 2021
Purushottam S/o. Waman Kohad, ...PETITIONER
Age-48 years, Occu-Service,
R/o. Plot No. 105, Jayshreeram Residency,
Gajanan Nagar, New Narsala Road,
Behind Besa Power Station,
Nagpur-34
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Administrative Officer,
Maharashtra Jeevan Pradhikaran,
CIDCO Bhavan, 2nd Floor, South Block,
Belapur, Navi Mumbai-400 614
3. The Member Secretary,
Maharashtra Jeevan Pradhikaran, 4th Floor,
Express Tower, Nariman Point,
Mumbai-400 021
Mrs. Preeti Rane, Advocate for the petitioner
AND
86 WRIT PETITION NO.8345 OF 2021
Arun Damduji Kochare, ...PETITIONER
Age-49 years, Occu-Service,
R/o. Quarter No. C-27/4,
Ravi Nagar, Nagpur
VERSUS
1. The Vice-Chairman, ...RESPONDENTS
Member-Secretary,
Scheduled Tribe Caste Certificate,
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Scrutiny Committee,
Adiwasi Vikas Bhavan, Giripeth,
Nagpur
2. The Joint Secretary,
Law and Judiciary Department,
Nagpur
3. The State of Maharashtra,
Through its Secretary,
General Administration Department,
Mantralaya, Mumabai-32
Mrs. P. D. Rane, Advocate for the petitioner
AND
87 WRIT PETITION NO.13275 OF 2021
Vinayak Raghunath Arage ...PETITIONER
Age-50 years,
R/o. Ganesh Nagar, Shirol,
Near Pani Taki, Kolhapur
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through Its Secretary, General
Administration Department,
Mantralaya, Mumabai-400 032
2. The Collector, Kolhapur,
Mr. Ramchandra K. Mendadkar, Advocate for the petitioner
AND
90 WRIT PETITION NO.13484 OF 2021
Ramchandra Vitthal Koli, ...PETITIONER
Age-48 years, Occu-Service,
R/o. Post Sankh,
Tq. & Dist. Sangli
VERSUS
1. State of Maharashtra, ...RESPONDENTS
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Through its Secretary,
General Administration Department,
Mantralaya, Mumbai 400 032
2. Maharashtra State Road
Transport Corporation, through
its Divisional Controller, State
Transport, Sangli having its Office at
Departmental Office, Shastri Chowk,
Sangli-Kolhapur Road,
Sangli-416 416
Mr. Ramchandra K. Mendadkar, Advocate for the petitioner
AND
91 WRIT PETITION NO. 1010 OF 2022
Nita Yashwant Zanjad @ ...PETITIONER
Nita Naresh Mahajan,
Age-54 years, Occu-Service,
R/o. Samta Nagar, Buldhana,
Tq. & Dist. Buldana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
General Administration
Department, Mantralaya,
Mumbai-32.
Through Its Principal Secretary
2. The Chief Executive Officer,
Zilla Parishad, Buldana,
Tq. & Dist. Buldana
Mr. Sushant C. Yeramwar, Advocate for the petitioner
AND
95 WRIT PETITION NO. 1630 OF 2022
1. Vijay Narayanrao Kumeriya, ...PETITIONER
Age-49 years, Occu-Service,
(Gram Sevak), R/o. Panwadi,
At Post Khangaon, Tq. Katol,
Dist. Nagpur
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VERSUS
1. State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumabai-32
2. The Chief Executive Officer,
Zilla Parishad, Bhandara,
3. Block Development Officer,
Panchayat Samiti Tumsar,
Zilla Parishad Bhandara,
Dist. Bhandara
Mr. Swapnil B. Joshi, Advocate for the petitioner
AND
96 WRIT PETITION NO. 1631 OF 2022
Sanjay Vasant Sonune, ...PETITIONER
Age-51 years, Occu-Service,
Assistant Teacher,
R/o. At Post Dongar Shevali,
Tq. Chikhali, Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Chikhali,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
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Mr. S. B. Joshi, Advocate for the petitioner
AND
97 WRIT PETITION NO. 1632 OF 2022
Baliram Wasudeo Tayade, ...PETITIONER
Age-45 years, Occu-Service,
Assistant Teacher,
R/o. At Post Nandrakoli,
Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Khamgaon,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
AND
98 WRIT PETITION NO. 1633 OF 2022
Archana Vishwanath Barale ...PETITIONER
(After Marriage Mrs. Archana Ajay Naidu)
Age-45 years, Occu-Service,
Assistant Teacher,
R/o. 13B, Sukhakarta Prime City,
Behind Vasantprabha Nursing College,
Khonde Wadi, Chikhalie Road, Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
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Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Buldhana,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
AND
WRIT PETITION NO. 1635 OF 2022
Samadhan Sitaram Pawar, ...PETITIONER
Age-53 years, Occu-Service,
Assistant Teacher,
R/o. Datta Colony, Jatkar Layout, Bodtha Road,
Sundarkhed, Tq. & Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Khamgaon,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
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AND
100 WRIT PETITION NO. 1636 OF 2022
Umesh Mahadeo Rane, ...PETITIONER
Age-45 years, Occu-Service,
Assistant Teacher,
R/o. At Post Sonala,
Tq. Sangrampur, Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Sangrampur,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
AND
101 WRIT PETITION NO. 1637 OF 2022
Samadhan Dashrath Irale, ...PETITIONER
Age-51 years, Occu-Service,
Assistant Teacher,
R/o. Utrada, Tq. Chikhali,
Post Peth, Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
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2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Chikhali,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
AND
102 WRIT PETITION NO. 1640 OF 2022
Swati Sunil Dhore, ...PETITIONER
Maiden Name Ku. Swati Jagannath Adbol,
Age-47 years, Occu-Service,
Assistant Teacher,
R/o. Jaiprabha Colony, Behind Telecom Colony,
Akoli Road, Amravati
VERSUS
1. State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumabai-32
2. The Education Officer (Secondary),
Zilla Parishad, Amravati
3. Maratha Shikshan Sanstha,
Amravati, Sharda Nagar, Amravati
Through its President
4. Sharda Kanya Vidyalaya,
Sharda Nagar, Shikshan Colony,
Bhatkuli, D. P. Road, Near Dream's Park,
Amravati, Through its Principal
Mr. S. B. Joshi, Advocate for the petitioner
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AND
103 WRIT PETITION NO. 1641 OF 2022
Chandrakant Pandurang Suradkar, ...PETITIONER
Age-46 years, Occu-Service,
Assistant Teacher,
R/o. Deendayal Nagar,
Ward No. 12, Post Chikhali, Tq. Chikhali,
Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Chikhali,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
AND
104 WRIT PETITION NO. 1643 OF 2022
Ishwar Eknath Khawale, ...PETITIONER
Age-45 years, Occu-Service,
Assistant Teacher,
R/o. Hansraj Nagar, Shegaon Road,
Khamgaon, Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
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2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Sangrampur,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
AND
105 WRIT PETITION NO. 1644 OF 2022
Sunil Raghunath Ingale, ...PETITIONER
Age-47 years, Occu-Service,
Assistant Teacher,
R/o. Bhankheda, Post Kolara,
Tq. Chikhali, Dist. Buldhana
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Buldhana,
3. Block Education Officer,
Panchayat Samiti Chikhali,
Zilla Parishad Buldhana,
Dist. Buldhana
4. The Education Officer (Primary),
Zilla Parishad, Buldhana
Mr. S. B. Joshi, Advocate for the petitioner
AND
107 WRIT PETITION NO. 4118 OF 2022
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Sanjay Sadashiv Chachane, ...PETITIONER
Age-51 years, Occu-Service,
R/o. Plot No. 50, Chutke Layout,
Maregaon, Dist. Yavatmal 445 303
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration
Department, Mantralaya
Mumbai-32
2. The Chief Executive Officer,
Zilla Parishad, Yavatmal
3. The Education Officer (Primary)
Zilla Parishad, Yavatmal
Smt. Preeti Rane, Advocate for the petitioner
AND
108 WRIT PETITION NO. 4580 OF 2022
Shreedhar Parashram Vankore, ...PETITIONER
Age-58 years, Occu-Service,
R/o. SF-9, Shreepati Apartment, 1757-E,
Rajarampuri 4th Lane Opposite Blackbery,
Showroom Rajarampuri, Kolhapur,
Tq. & Dist. Kolhapur
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai
2. The Divisional Controller,
Maharashtra State Road Transport,
corporation, Kolhapur Division,
Kolhapur, Tq. & Dist. Kolhapur
Mr. Pratap V. Jadhavar, Advocate for the petitioner
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Mr. K. N. Lokhande, AGP for the State in respective
matters
Mr. P. S. Patil, AGP for the State in the respective
matters
AND
WRIT PETITION NO. 4588 OF 2022
Moreshwar Mukunda Karmarkar, ...PETITIONER
Age-57 years, Occu-Service,
R/o. Vasundhara Nagar, Old Bus Stop,
Nagbhid, Tq. Nagbhid, Dist. Chandrapur
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
General Administration Department,
Mantralaya, Mumbai-32
2. The Joint Director,
Vocational Education & Training
Regional Office, Civil Lines,
Nagpur, Dist. Nagpur,
3. The Secretary,
Janta Education society,
Nagbhid, Tq. Nagbhid,
Dist. Chandrapur
Mr. Sushant C. Yeramwar, Advocate for the petitioner
AND
106 WRIT PETITION NO. 1674 OF 2022
Ashok Nagorao Mekewad, ...PETITIONER
Age-57 years, Occu-Service,
R/o. At Kolwadi, Post-Sailu (Pendu),
Tq. Palam, Dist. Parbhani
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
General Administration Department,
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Mantralaya, Mumbai-32
Through its Principal Secretary,
2. The Divisional Controller,
Maharashtra State Road Transport
Corporation Ltd.
Parbhani Division, Parabhani.
Mr. Sushant C. Yeramwar, Advocate for the petitioner
Mr. A. R. Kale, AGP for the respondent/State
CORAM : R. D. DHANUKA &
S. G. MEHARE, JJ.
DATE : 25th April, 2022
JUDGMENT:
1. Writ Petition No. 4588 of 2022 is not on
board. Upon mentioning taken on board.
2. Rule. Rule made returnable forthwith. The
learned AGP waives service of notice for the
respondent.
3. This court after hearing the learned
counsel for the parties issued various directions.
This court directed the learned AGP to verify
whether these matters which are on board today are
covered by the judgment delivered by the Division
Bench of this Court on 04-05-2021 in writ petition
No. 903 of 2020 and other connected matters in the
case of Raja Tukaram Shinde Vs the State of
Maharashtra and others.
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4. In the operative part of the said order
this court held that the Government Resolution dated
21-12-2019 shall be read in a manner "not to include
the employees whose tribes claims are invalidated,
but are granted protection in employment under the
judgments/orders of this court and the said
judgments/orders have attained the finality". This
court accordingly quashed and set aside the impugned
communications placing the petitioners on
supernumerary posts and allowed such petitions.
5. The learned AGP for the State on
instructions states that the petitions at Sr. Nos.
85,86,87,90,91,95,105 and 107 and 108 are covered by
the judgment delivered by this court. Both the
parties jointly state that this court thus need not
record reasons in this order. Statement is accepted.
6. The learned AGP states that against the
judgment delivered on 04-05-2021 in the case of Raja
Tukaram Shinde (supra) some of the respondents
Management as well as the State Government have
filed special leave petition before the Hon'ble
Supreme Court. Statement is accepted.
7. It is not in dispute that the judgment of
this court delivered on 04-05-2021 in the case of
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Raja Tukaram Shinde and others has not been stayed
by Hon'ble Supreme court till date.
8. A perusal of the prayers in the writ
petitions indicates that reliefs are sought against
the State Government impugning the validity of the
Government Resolution dated 21-12-2019. The State
Government is duly represented by the learned AGP in
all these matters. In view of the decision of this
court dated 04-05-2021 in the case of Raja Tukaram
Shinde (supra) all these petitions in so far as the
seeks relief against the Government Resolution dated
21-12-2019 is concerned, these petitions can be
disposed of by following the said judgment delivered
by this court.
9. We accordingly, pass the following order:
a] The Government Resolution dated 21-12-
2019 shall be read in manner "not to
include the employees whose tribes claims
are invalidated, but are granted protection
in employment under the judgments/orders of
this court and the said judgments/orders
have attained the finality".
b] It is made clear that in view of this
court declaring that the Government
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Resolution dated 21-12-2019 shall not
include the employees whose tribes claims
are invalidated but are granted protection
in employment under the judgment and order
and the said judgment order had obtained
finality, communication if any issued by
the Management based on the said Government
Resolution dated 21-12-2021 would not be
survive.
10. The writ petitions are allowed in aforesaid
terms. Rule is made absolute. No orders as to costs.
11. Parties to act upon authenticated copy of
this order.
[S. G. MEHARE, J.] [R. D. DHANUKA, J.]
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