Bombay High Court
Satish S/O Yashwant Ninave And ... vs The State Of Maharashtra, Through ... on 3 August, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
WP 375-2020 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 375 OF 2020
1. Satish S/o Yashwant Ninave,
aged about 45 years, Occ. Service,
R/o Near Old Bus Stop, Armori,
Tah. Armori, District - Gadchiroli - 441208.
2. Dattatraya S/o Maroti Nimje,
aged about 47 years, Occ. Service,
R/o At Post - Kurud, Tah. Desaiganj,
District - Gadchiroli - 441207.
PETITIONERS
.....VERSUS.....
1. The State of Maharashtra,
through its Chief Secretary,
General Administration Department,
Mantralaya, Mumbai - 32.
2. Zilla Parishad, Gadchiroli,
through its Chief Executive Officer.
RESPONDENTS
Shri S.R. Narnaware, Advocate for the petitioners.
Shri D.P. Thakare, Additional Government Pleader for respondent No.1/ State.
Shri A.W. Paunikar, Advocate for respondent No.2.
CORAM : A. S. CHANDURKAR AND URMILA JOSHI - PHALKE, JJ.
DATE : 3 AUGUST, 2022.
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith and heard the learned
Counsel for the parties.
2. Both the petitioners were appointed as 'Laboratory
Technician' with the Zilla Parishad, Gadchiroli on 31/3/1999. Since they
WP 375-2020 2 Judgment
claim benefit of reservation, their tribe certificates were referred for
verification. The Scrutiny Committee invalidated the tribe certificates.
Petitioner No. 1 - Satish challenged that order in Writ Petition No.
2666/2014. This Court on 28/1/2015 did not interfere with the order of
the Scrutiny Committee but granted protection to the said petitioner's
services. Petitioner No.2 filed Writ Petition No. 6648/2013 and a similar
order protecting his services was passed on 13/1/2015. Since the Zilla
Parishad on 26/12/2019 placed the petitioners on a supernumerary post,
they have challenged that notice in this Writ Petition.
3. It is seen that with regard to the Assistant Teachers from the
Zilla Parishad, Gadchiroli itself, this Court had an occasion to consider a
similar action taken by the Zilla Parishad of placing the Assistant Teachers
on a supernumerary post. After considering the judgment of the
Aurangabad Bench in Writ Petition No. 903/2020 (Raja Tukaram Shinde
Vs. The State of Maharashtra and another) decided on 4/5/2021 with
connected Writ Petitions, the order placing those Assistant Teachers on a
supernumerary post was set aside and it was held that they are entitled to
continue in service on the basis of the earlier orders of protection. The
said orders have been passed in Writ Petition No. 411/2020 ( Sau.
Heerabai w/o Nandkishor Sonkusare (Ku. Heerabai D/o Mahadeo Sorte)
Vs. The State of Maharashtra and another) and Writ Petition No.
WP 375-2020 3 Judgment
416/2020 (Kishor S/o Laxman Sonkusare Vs. The State of Maharashtra
and another) decided on 15/12/2021.
4. In these facts, as the present petitioners are similarly situated
and the ratio of the decision in Raja Tukaram Shinde (supra) applies to
the case in hand, the petitioners will be entitled for similar relief. Hence
for the reasons contained in the decision in Raja Tukaram Shinde (supra)
as well as in Writ Petition Nos. 411/2020 and 416/2020, the following
order is passed :
ORDER
i. The order dated 26/12/2019 issued by respondent No.2
appointing the petitioners on a supernumerary post is set aside.
ii. The petitioners are entitled to continue in employment in
terms of the earlier orders of protection that was passed in Writ Petition
Nos. 2666/2014 and 6648/2013.
iii. Rule is made absolute in the aforesaid terms. No costs.
Digitally signed bySUMIT CHETAN (URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.)
AGRAWAL
Signing Date:04.08.2022 10:35
Sumit
