Gajanan S/O Shebrao Gathe vs Divisional Controller, ...
2023 Latest Caselaw 328 Bom

                                        1        wp2965.19 & 4243,19

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


             (I)    WRIT PETITION NO.2965 OF 2019


Gajanan s/o Sahebrao Gathe,
aged : 57 years, occupation :
Bus Conductor, r/o Khetan Nagar,
Kaulkheda, Tahsil and District Akola.            ...   Petitioner

             - Versus -

1)    Divisional Controller, Maharashtra
      State Road Transport Corporation,
      Division Office, at Kaulkhed,
      Tahsil and District Akola.

2)    The Scheduled Tribe Certificate
      Scrutiny Committee, Amravati
      Division, Amravati, through its
      Deputy Director and Member
      Secretary, Ervin Square, at
      Amravati, District Amravati.               ...   Respondents
                    -----------
Shri C.V. Jagdale, Advocate for petitioner.
Shri P.S. Gawai, Advocate for respondent no.1.
Smt. S.S. Jachak, Assistant Government Pleader for respondent no.2.
                    ------------


             (II)   WRIT PETITION NO.4243 OF 2019

Sharad Bhaskarrao Wardekar,
aged about 57 years, occupation :
Service, r/o Bhartipura,
Karanja (Lad), Taluq Karanja (Lad),
District Washim.                                 ...   Petitioner
                                       2            wp2965.19 & 4243,19


            - Versus -

1)   Divisional Controller, Maharashtra
     State Road Transport Corporation,
     Akola.

2)   Manager, Karanja Depot of Maharashtra
     State Road Transport Corporation,
     Karanja (Lad), District Washim.

3)   Deputy Chairman, Scheduled Tribe
     Caste Scrutiny Committee,
     Amravati Division, Amravati.                  ...     Respondents
            -----------------
Shri R.S. Kurekar, Advocate for petitioner.
Shri P.S. Gawai, Advocate for respondent nos.1 and 2.
Smt. S.S. Jachak, Assistant Government Pleader for respondent no.3.
            ----------------

                                CORAM : A.S. CHANDURKAR AND
                                        MRS.VRUSHALI V. JOSHI, JJ.

DATED : JANUARY 9, 2023

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

Rule. Rule is made returnable forthwith. Heard finally

with the consent of the learned Counsel for the parties.

2) The petitioners are in the employment with the

Maharashtra State Road Transport Corporation. During the course of

employment, their caste claims were referred to the Scrutiny 3 wp2965.19 & 4243,19

Committee for verification. Since their caste claims were pending

and there was a threat to their continuation in employment, they had

approached this Court by filing these writ petitions. During

pendency of the writ petitions, both the petitioners have

superannuated.

3) In these facts, interest of justice would be served by

directing the Scrutiny Committee to decide the caste claims of the

petitioners within a period of nine months from the date of

petitioners' appearance before the Scrutiny Committee. Both the

petitioners shall appear before the Scrutiny Committee at Amravati

on 24/1/2023. With these directions, the writ petitions are disposed

of. Rule accordingly. No costs.

                                       JUDGE                                           JUDGE




                              khj




Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:10.01.2023 18:37