Dnyaneshwar S/O Shankarrao ... vs The Chief Executive Officer, Z.P. ...
2022 Latest Caselaw 11584 Bom

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

                         WRIT PETITION NO. 997 OF 2015

Dnyaneshwar S/o. Shankarrao Sawsakde,
Aged about 40 years, Occ. Service,
R/o. C/o. Prabhakarrao Dive,
Near Major Gate, In front of Vinayak
Apartment, Tadoba Road, Chandrapur,
Dist. Chandrapur.                                                         . . . PETITIONER

                       ...V E R S U S..

1. The Chief Executive Officer,
   Zilla Parisad, Chandrapur.

2. The Divisional Commissioner,
   Nagpur.

3. The Secretary,
   Rural Development Department,
   Mantralaya, Mumbai-32.

4. Block Development Officer,
   Panchayat Samiti, Tah. Pobhurna,
   Dist. Chandrapur.
   (Amendment carried out as per courts
    order dated 26.02.2015)                                          . . . RESPONDENTS

------------------------------------------------------------------------------------------------
Smt. P. D. Rane, Advocate for petitioner.
Shri Suyash Agrawal, Advocate for respondent no. 1.
Mrs. Sangeeta S. Jachak, AGP for respondent nos. 2 and 3/State.
-----------------------------------------------------------------------------------------------
        CORAM :- A. S. CHANDURKAR & M. W. CHANDWANI, JJ.

DATED :- 15.11.2022

ORAL JUDGMENT (PER : A. S. CHANDURKAR, J) :-

1. Heard.

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2. The challenge raised in this Writ Petition is to the order of

termination dated 30.08.2014 issued by the Chief Executive Officer,

Zilla Parishad, Chandrapur thereby terminating services of the

petitioner on the post of Extension Officer for failure to produce

validity certificate belonging to Mana Scheduled Tribe.

3. It is the case of the petitioner that he belongs to Mana

community category. The petitioner came to be appointed on the post

of Extension Officer that was reserved for the Special Backward Class

(SBC) on 31.10.2001. At the relevant time, "Mana" was included in

SBC category in view of the Government Resolution dated 13.06.1995.

Subsequently, this Government Resolution was set aside by this Court

in Writ Petition No. 959/2002 (Mana Adim Jamat Mandal Vs. State of

Maharashtra, decided on 11.06.2003). The State Government

challenged the aforesaid judgment but the Special Leave Petition came

to be dismissed by the judgment in the case of State of Maharashtra

Vs. Mana Adim Jamat Mandal [(2006) 4 SCC 98] . The petitioner in

the meanwhile was issued a validity certificate on 17.08.2002 of

belonging to Mana-SBC category. The Zilla Parishad called upon the

petitioner to submit the validity certificate belonging to Mana-

Scheduled Tribe category and his certificate dated 10.02.2011 was

therefore referred for verification. The Scrutiny Committee by order

dated 28.05.2014 invalidated the claim of the petitioner belonging to 3 212-wp-997-15j.odt

Mana Scheduled Tribe. That order attained finality with the dismissal

of Writ Petition No. 4040/2014 (Dnyaneshwar Shankarrao Sawsakde

Vs. The Scheduled Tribe Caste Certificate Scrutiny Committee,

Gadchiroli) on 05.01.2015. As a result, the Chief Executive Officer on

30.08.2014 terminated the petitioner's services. The petitioner was

issued communication dated 21.01.2015 by Panchayat Samiti,

Pombhurna. It is in that backdrop that the present Writ Petition has

been filed on 23.02.2015 challenging the order of termination.

4. It is to be noted that the petitioner had filed Complaint

(ULP) No. 154/2014 before the Labour Court, Chandrapur for

challenging the order of termination dated 30.08.2014. By the

judgment dated 23.10.2017, the said Complaint was dismissed as not

maintainable.

5. When this Writ Petition was admitted on 26.02.2015, the

following order was passed:-

"Leave to amend.

Amendment be carried out within a period of 2 days.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent nos.2 and 3. Though served by private service, none appears for the respondent no.1.

RULE.

                                     4                            212-wp-997-15j.odt


                Learned Assistant Government Pleader Ms                 N.P.
         Mehta waives notice of hearing on behalf of                    the
         respondent nos.2 and 3.

No doubt that the ad-interim relief which we are inclined to grant is in the nature of mandatory injunction. However, if the facts are so glaring, this court is not powerless to grant an interim relief which is of mandatory nature.

In the present case, the petitioner, who claims to be belonging to Mana community came to be appointed on 31.10.2000 against a post reserved for Special Backward Class category inasmuch as at the relevant time Mana was included in Special Backward Class category.

In the meantime, the judgment was delivered by the Division Bench of this Court holding that Mana community is entitled to be treated as Scheduled Tribe. On account of unwanted greed, the petitioner made a representation to treat him from the Scheduled Tribe category. As such, him claim came to be referred to the scrutiny committee for verifying as to whether he belongs to Scheduled Tribe category. The claim of the petitioner came to be rejected. The petition challenging the same also came to be dismissed and the review petition is dismissed as well. Since the petitioner's claim is rejected, the petitioner's service are sought to be terminated.

However, it is to be noted that initial appointment of the petitioner is against the Special Backward Class category since at the relevant time Mana community was included in Special Backward Class category. Had the petitioner not shown unnecessary greed, he would have continued in the employment, though in the category of Special Backward class.

In that view of the matter, we are inclined to grant interim protection. The termination order is stayed. The petitioner is directed to be reinstated forthwith. However, the petitioner would be reinstated to the post on which he is entitled to be placed from Special Backward Class category. However, it is made clear that though the petitioner would be entitled to be continued, he would not be entitled for the salary during which he was not in employment."

6. On hearing the learned counsel for the parties and after

perusing the record, it becomes clear that the petitioner was appointed

on the post reserved for SBC category and he possesses a validity 5 212-wp-997-15j.odt

certificate to that effect. As a result of the interim order passed, the

petitioner has been reinstated on the post of Extension Officer and has

been placed in the SBC category. In these facts, therefore we find that

when the initial appointment of the petitioner was in the said category

and he has been issued a validity certificate of belonging to Mana- SBC

category, he is entitled to continue in the employment for the reasons

mentioned in the order dated 26.02.2015. It has already been directed

that for the period when his services were terminated till he was

reinstated, the petitioner would not be entitled for any

salary/backwages.

7. Hence, the interim order dated 26.02.2015 is confirmed

and made absolute. It is made clear that the petitioner is entitled to be

continued on the post of Extension Officer with Zilla Parishad,

Chandrapur in the SBC category. The petitioner would also be entitled

to the benefit of continuity from his initial appointment but no

backwages for the intervening period.

8. The Writ Petition is disposed of in the aforesaid terms.

Rule accordingly with no order as to costs.

Digitally signed by JAISWAL JAISWAL RAJNESH RAJNESH RAMESH Date:

RAMESH    2022.11.17
          17:41:39
          +0530
                            (M. W. CHANDWANI, J.)                    (A. S. CHANDURKAR, J.)
    RR Jaiswal