Devesh S/O Vijaykumar Kote vs State Of Maharashtra, Through Its ...
2022 Latest Caselaw 112 Bom

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                                                                         wp2079.2020.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH : NAGPUR.

                          WRIT PETITION NO.2079/2020

Devesh S/o Vijaykumar Kote,
aged about 41 Yrs., Occ. Service,
R/o Plot No.113, Om Nagar, Near
Neharu Nagar Zone, Sakkardara,
Nagpur.                                                                        ..Petitioner.

        ..Vs..

1.      State of Maharashtra,
        through it's Secretary,
        State Excise Department,
        Mantralaya, Mumbai.

2.      Commissioner,
        State Excise Department,
        Maharashtra State, Mumbai.

3.      Superintendent,
        State Excise Department,
        Collector Office Campus,
        Civil Lines, Nagpur.

4.       Member Secretary and Deputy
         Director, Scheduled Tribe Certificate
         Verification Committee, Amravati Division,
         Amravati.                                                           ..Respondents.
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        Mr. Narendra D. Thombre, Advocate for the petitioner.
        Ms S.S. Jachak, A.G.P. for respondent Nos.1 to 4.
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                         CORAM :-         SUNIL B. SHUKRE AND
                                          ANIL L. PANSARE, JJ.

DATED :- 4.1.2022.

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard finally

wp2079.2020.odt

by consent.

2. By this petition, the petitioner has sought a direction against

respondent Nos.1 to 3 regarding appointment of the petitioner being

treated as the one for an open category candidate. In paragraph 9 of

the reply dated 7.6.2021 filed by respondent Nos.1 to 3, it is stated

that the petitioner has been treated as an open category candidate in

view of the provisions of Circular dated 13.10.2010 and subject to the

decision of the instant petition.

3. As the petitioner is already treated as open category candidate,

we are of the view that such action on the part of respondent

Nos.1 to 3 serves the purpose of the petitioner and, therefore,

confirming the action of respondent Nos.1 to 3 we dispose of the

instant petition. We also direct respondent Nos.1 to 3 to consider

releasing of all the service benefits to the petitioner in accordance with

rules. Rule is made absolute on the above terms. No costs.

                                                     JUDGE                                   JUDGE


Signed By:NILESH VILASRAO
TAMBASKAR
Private Secretary

Signing Date:05.01.2022 10:12 Tambaskar.