Bombay High Court
Naresh Sitaramji Dudhkaware vs Scheduled Tribes Caste Certificate ... on 19 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17638-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.3219/2020
Naresh Sitaramji Dudhkaware,
aged 54 Yrs., Occ. Assistant Teacher,
R/o Jaisingh Layout, Panchawati
Katol, Dist. Nagpur. ... Petitioner
- Versus -
1. Scheduled Tribes Caste Certificate
Scrutiny Committee, through its
Member Secretary, Adiwasi
Bhawan, Giripeth, Nagpur.
2. R.M. Ingole High School &
Junior College Bharsingi,
Tq. Narkhed, Dist. Nagpur,
through Headmaster.
3. Education Officer (Secondary),
Zilla Parishad, Civil Lines,
Nagpur 440 001. ... Respondents
-----------------
Mr. R.S. Parsodkar, Advocate for the Petitioner.
Ms. K.R. Deshpande, Assistant Government Pleader for
Respondent Nos.1 and 3.
Mr. N.D. Khamborkar, Advocate for Respondent No.2.
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CORAM :- SMT. ANUJA PRABHUDESAI &
MRS. VRUSHALI V. JOSHI, JJ.
DATED :- 19.12.2023
JUDGMENT (Per Mrs. Vrushali V. Joshi, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of the learned Counsel for the parties.
2. The petitioner has challenged the order dated
6.2.2020, passed by the Scheduled Tribe Caste Scrutiny
Committee invalidating the caste claim of the petitioner as "Gond
Gowari".
3. The petitioner further seeks directions against
respondent No.2 to release the retiral benefits which have been
withheld due to invalidation of the caste claim.
4. The petitioner was appointed as assistant teacher in
respondent No.2-high school and Junior College. He had
submitted his caste certificate as belonging to "Gond Gowari"
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Scheduled Tribe. The caste Scrutiny Committee has validated the
caste claim. In the meanwhile, the petitioner has superannuated
and his retiral benefits have been withheld in view of invalidation
of the caste claim.
5. Learned counsel for the petitioner under instructions
submits that the petitioner restricts the relief to prayer clause 1-a
i.e. the prayer for directing to respondent No.2 to release retiral
benefits.
6. Learned counsel for the petitioner has relied upon
Government Resolution dated 14.12.2022 as well as decisions of
this Court in Writ Petition No. 248 of 2020 (Shamrao Shrawanji
Nikhare (dead) through Legal Heirs .v/s. Scheduled Tribe Caste
Certificate Scrutiny Committee and anr.).
7. The Government Resolution dated 14.12.2022
spells out the policy decision of the Government that the
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Government employees should not be deprived of retiral benefits
in view of invalidation of caste claim. Relying upon the said
Government Resolution, this Court has in the aforestated cases
ordered release of retiral benefits. The case in hand is squarely
covered by the said Government Resolution and the decision.
8. Hence, the petition is allowed in terms of prayer
clause (1-a). The respondent No.2 is directed to release the retiral
benefits of the petitioner within eight weeks from the date of
receiving of copy of this judgment.
9. Rule is made absolute in the aforesaid terms. There
shall be no orders as to costs.
(MRS. VRUSHALI V. JOSHI, J.) (SMT. ANUJA PRABHUDESAI, J.)
Tambaskar.
