Ishwar S/O Kisan Murdakar vs State Of Maha., Thr. Education ...
2023 Latest Caselaw 9487 Bom

2023:BHC-NAG:13629-DB




                                                         1                      WP1893.23

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                         NAGPUR BENCH : NAGPUR


                                    WRIT PETITION NO.1893 OF 2023




              Ishwar s/o Kisan Murdakar,
              aged about 48 years,
              occupation : Service,
              r/o Raipur, Tahsil and District
              Buldhana.                                                ...   Petitioner

                     - Versus -

              1)   State of Maharashtra, through
                   Education Officer (Secondary),
                   Zilla Parishad, Buldhana, Tahsil and
                   District Buldhana.

              2)   Shri Shivaji Shikshan Sanstha,
                   Raipur, through President,
                   Tahsil and District Buldhana.

              3)   Shri Shivaji Shikshan Sanstha,
                   Raipur, through Secretary,
                   Tahsil and District Buldhana.

              4)   Shri Shivaji Shikshan Sanstha,
                   Raipur, through Headmaster,
                   Raipur, Tahsil and District Buldhana.               ...   Respondents

                            -----------------
              Shri M.V. Bute, Advocate for petitioner.
              Ms. N.P. Mehta, Assistant Government Pleader for respondent no.1.
              Shri K.P. Mahalle, Advocate for respondent nos.2 to 4.
                            ----------------

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

DATED : SEPTEMBER 11, 2023 2 WP1893.23

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

Rule. Rule is made returnable forthwith. Heard finally with

consent of the learned Counsel for the parties.

2) The petitioner was appointed on the post of Peon, which was

reserved for members of Scheduled Tribe. The petitioner claimed to

belong to "Mahadeo Koli" (Scheduled Tribe). The tribe claim of the

petitioner, however, came to be invalidated by the Scrutiny Committee on

18/9/2015. The said order was challenged by the petitioner in Writ

Petition No.5488/2015 (Ishwar s/o Kisan Murdakar vs. State of

Maharashtra and others). By the judgment dated 27/10/2015 though the

order passed by the Scrutiny Committee was upheld, the employer

(respondent nos.2 to 4 herein) was directed to protect the services of the

petitioner subject to petitioner submitting an undertaking that he would

not claim benefit of his tribe during the course of employment.

Notwithstanding aforesaid, the petitioner has been issued order dated

7/12/2022 seeking to treat his appointment on a supernumerary post.

3) The learned Counsel for the parties do not dispute that the

legal issue in this regard has been considered and decided in a bunch of

writ petitions being Writ Petition No.903/2020 (Raja Tukaram Shinde vs.

The State of Maharashtra and another) with connected writ petitions on 3 WP1893.23

4/5/2021 at Aurangabad Bench. Since the services of the petitioner have

been protected and Government Resolution dated 21/12/2019, on the

basis of which the order dated 7/12/2022 came to be passed, does not

entitle the employer to place the services of the petitioner on a

supernumerary post, the following order is passed :

The impugned order dated 7/12/2022 issued by the

respondent no.3 is quashed and set aside. The petitioner is entitled to

continue in employment in the light of protection granted in Writ Petition

No.5488/2015.

4) Rule is made absolute in the aforesaid terms. No order as to

costs.

                                                    JUDGE                              JUDGE




                              khj




Signed by: Kamal H. Jeswani
Designation: Additional Secretary
Date: 13/09/2023 15:30:17