Rajesh S/O Motilal Chandan vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 12102 Bom

WP 376-2020                                  1                       Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.
                  WRIT PETITION NO. 376 OF 2020

Rajesh S/o Motilal Chandan,
aged about 46 years, Occ. Service,
R/o Koshatwar Ward, New Pusad,
Behind Mukhare Home, N. Garden Road,
District - Yavatmal.
                                                                 PETITIONER
                               .....VERSUS.....
1.   The State of Maharashtra,
     through its Chief Secretary,
     General Administration Department,
     Mantralaya, Mumbai - 32.

2.   The Chief Executive Officer,
     Zilla Parishad, Yavatmal.
                                                               RESPONDENT S

                Shri S.R. Narnaware, Advocate for the petitioner.
 Shri A.S. Fulzele, Additional Government Pleader for respondent No.1/ State.


CORAM : A. S. CHANDURKAR AND ANIL L. PANSARE, JJ.

DATE : 24/11/2022 ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The petitioner was appointed as an Assistant Teacher on the

post reserved for the candidates belonging to the Scheduled Tribe

category. On invalidation of his tribe claim, the petitioner approached this

Court in Writ Petition No. 6476/2016 raising challenge to the order

passed by the Scrutiny Committee. By the judgment dated 20/12/2016, WP 376-2020 2 Judgment

this Court protected the services of the petitioner subject to filing the

requisite undertaking. The services of the petitioner were thereafter

placed on a supernumerary post by the Zilla Parishad on 31/12/2019.

Being aggrieved, the petitioner has challenged the said order.

3. On hearing the learned Counsel for the parties, it is seen that

the aforesaid factual position arising in similar Writ Petitions has been

considered by this Court in Writ Petition No. 375/2020 ( Satish s/o

Yashwant Ninave & Anr. Vs. The State of Maharashtra & Anr.) decided on

3/8/2022. After noticing the judgment of the Aurangabad Bench in Writ

Petition No. 903/2020 (Raja Tukarama Shinde Vs. The State of

Maharashtra & Anr.) decided on 4/5/2021 with connected Writ Petitions,

the order placing the Assistant Teachers on a supernumerary post was set

aside and it was held that they are entitled to continue in service on the

post held by them as Assistant Teacher.

4. We find that in the light of the aforesaid decision, the

petitioner would be entitled to similar relief since he is similarly situated.

Hence, following the ratio of the decision in Raja Tukaram Shinde

(supra), the petitioner is entitled to similar relief. Accordingly, the

following order is passed :

i. The order dated 31/12/2019 issued by respondent No.2

placing the petitioner on supernumerary post is set aside. The petitioner is WP 376-2020 3 Judgment

entitled to continue in employment in terms of the earlier order of

protection granted by this Court in Writ Petition No. 6476/2016.

ii. Rule is made absolute in the aforesaid terms. No costs.

                                    (ANIL L. PANSARE, J.)        (A.S. CHANDURKAR, J.)
                         SUMIT




Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:24.11.2022 18:25