Jyoti Daulat Thakur v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

908-9150-15.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9150 OF 2015 Jyoti Daulat Thakur ..Petitioner

Versus

State of Maharashtra and Ors.

..Respondents Mr. R.K. Mendadkar with Ms. Komal Gaikdwad for the Petitioner. Mr. S.B. Kalel, AGP for Respondent Nos. 1 and 2. Ms. Kumud Bhatia for Respondent Nos. 4 and 5. CORAM: B. R. GAVAI & SMT. BHARATI H. DANGRE, JJ.

DATE: 20 th APRIL, 2018 P.C.:- For the reasons separately recorded, Petition is allowed. It is held and declared that the Petitioner belongs to Thakar Schedule Tribe. Respondent - Committee is directed to issue validity certificate to the Petitioner within a period of two weeks from today. As a consequence, termination order of the Petitioner dated 3rd September, 2015 is quashed and set aside. Petitioner is directed to be reinstated with continuity for all purposes including seniority, pension etc. However, in the facts and circumstances of the case, since the Petitioner has not actually worked, Petitioner would not be entitled to back wages.

(SMT. BHARATI H. DANGRE, J.) (B. R. GAVAI, J.) 1/1