Gajanan Ramdas Lad v. State Of Maharashtra Through Its Secretary And ANR

7-wp-9518-9560.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 9518 OF 2015 Gajanana Ramdas Lad ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents WITH WRIT PETITION NO. 9560 OF 2015 Gajanan Shridhar Chechare ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents Adv C.K. Bhanagoji for the petitioners.

Mr. Sandeep Babar,AGP for the respondent State. CORAM : SHANTANU KEMKAR & NITIN W. SAMBRE, JJ.

DATE :

JUNE 11, 2018 P.C.:

.

Feeling aggrieved by the termination order dated 7th June, 2002 (Exhibit "B") passed by the second Respondent on the ground that the Petitioners' caste validity claim has been rejected by the Caste Scrutiny Committee, the Petitioners have filed these Petitions seeking protection from the termination of service on the nilegaonkar

7-wp-9518-9560.2015.odt basis of Full Bench Judgment of this Court in the case of Arun Sonone and Ors. vs. State of Maharashtra reported in 2015 (1) Mh.L.J. 457.

2.

We find that to challenge the action which was taken in the year 2002 on the basis of the decision of the Caste Scrutiny Committee, the Petitioner has approached this Court in the year 2015 without explaining the delay of more than 13 years. In the circumstances, on the ground of delay and latches alone, the Petitions deserves to be and are hereby dismissed. 3.

Apart from that the judgment on the basis of which the relief of protection from termination of services has been sought i.e. Arun Sonone and Ors. vs. State of Maharashtra reported in 2015 (1) Mh.L.J. 457 has already been overruled by the Hon'ble Supreme Court in the case of Chairman and Managing Director, FCI vs. Jagdish B. Bahira reported in 2017 (8) SCC 670. 4.

Keeping in view the aforesaid, apart from the ground of delay and latches, we dismiss both the Petitions on merits also. (NITIN W. SAMBRE, J.) (SHANTANU KEMKAR, J.) nilegaonkar