Ku. Jaishree Ambadasji Mundane Alias ... vs The State Of Maha., (Thr. Its Sec.) ...
2024 Latest Caselaw 6732 Bom

Bombay High Court

Ku. Jaishree Ambadasji Mundane Alias ... vs The State Of Maha., (Thr. Its Sec.) ... on 1 March, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

            1                                                                     wp 1471.24.odt

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

                                   Writ Petition No.1471/2024
                           (Ku. Jaishree V State of Maharashtra and others)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. K.S. Agrawal, Advocate for petitioner. Mr. Madiwale, AGP for resp. no.1.

CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 01-03-2024.

The initial appointment of the petitioner was from the

Scheduled Tribe category which was given up by the petitioner and

a fresh certificate of 'Nomadic Tribe-C' category as that of belonging

to 'Dhangar' was obtained.

2. Since the initial appointment was from the Scheduled

Tribe category drawing support from Government Resolution dated

15-06-1995, the petitioner's services came to be protected.

3. In view of change in policy pursuant to the Government

Resolution dated 21-12-2019, the petitioner's services are sought to

be placed on supernumerary post.

4. The submissions are that the services of the petitioner

having been protected under the Government Resolution dated

15-06-1995 cannot be again reconsidered and placed in

supernumerary post is said to be no more res integra in view of the

judgment of Division Bench of Aurangabad Bench in Writ Petition 2 wp 1471.24.odt

No.903/2020 (Raja Shinde vrs the State of Maharashtra and another

with connected matters) decided on 04-05-2021.

5. Issue notice to the respondents, returnable on

05-04-2024, indicating that the matter shall be taken up for final

disposal at the stage of admission.

6. Learned Assistant Government Pleader, waives notice

for respondent no.1.

7. In the meantime, post on which the petitioner's services

were earlier protected vide Government Resolution dated

15-06-1995 shall not be filled without permission of the Court.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.)

Deshmukh

Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 01/03/2024 18:18:01