Purushottam Waman Kohad v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 85 WRIT PETITION NO.828 OF 2021 Purushottam S/o. Waman Kohad, Age-48 years, Occu-Service, R/o. Plot No. 105, Jayshreeram Residency, Gajanan Nagar, New Narsala Road, Behind Besa Power Station, Nagpur-34 The Chief Administrative Officer, Maharashtra Jeevan Pradhikaran, CIDCO Bhavan, 2nd Floor, South Block, Belapur, Navi Mumbai-400 614 The Member Secretary, Maharashtra Jeevan Pradhikaran, 4th Floor, Express Tower, Nariman Point, Mumbai-400 021 Mrs. Preeti Rane, Advocate for the petitioner 86 WRIT PETITION NO.8345 OF 2021 Arun Damduji Kochare, Age-49 years, Occu-Service, R/o. Quarter No. C-27/4, Ravi Nagar, Nagpur The Vice-Chairman, Member-Secretary, Scheduled Tribe Caste Certificate,

(2) Scrutiny Committee, Adiwasi Vikas Bhavan, Giripeth, Nagpur The Joint Secretary, Law and Judiciary Department, Nagpur Mantralaya, Mumabai-32 Mrs. P. D. Rane, Advocate for the petitioner 87 WRIT PETITION NO.13275 OF 2021 Vinayak Raghunath Arage Age-50 years, R/o. Ganesh Nagar, Shirol, Near Pani Taki, Kolhapur Through Its Secretary, General Administration Department, Mantralaya, Mumabai-400 032 The Collector, Kolhapur, Mr. Ramchandra K. Mendadkar, Advocate for the petitioner 90 WRIT PETITION NO.13484 OF 2021 Ramchandra Vitthal Koli, Age-48 years, Occu-Service, R/o. Post Sankh, Tq. & Dist. Sangli State of Maharashtra,

(3) Mantralaya, Mumbai 400 032 Maharashtra State Road Transport Corporation, through its Divisional Controller, State Transport, Sangli having its Office at Departmental Office, Shastri Chowk, Sangli-Kolhapur Road, Sangli-416 416 Mr. Ramchandra K. Mendadkar, Advocate for the petitioner 91 WRIT PETITION NO. 1010 OF 2022 Nita Yashwant Zanjad @ Nita Naresh Mahajan, Age-54 years, Occu-Service, R/o. Samta Nagar, Buldhana, Tq. & Dist. Buldana General Administration Department, Mantralaya, Mumbai-32.

Through Its Principal Secretary Zilla Parishad, Buldana, Tq. & Dist. Buldana Mr. Sushant C. Yeramwar, Advocate for the petitioner 95 WRIT PETITION NO. 1630 OF 2022 Vijay Narayanrao Kumeriya, Age-49 years, Occu-Service, (Gram Sevak), R/o. Panwadi, At Post Khangaon, Tq. Katol, Dist. Nagpur

(4) State of Maharashtra, Mantralaya, Mumabai-32 Zilla Parishad, Bhandara, Block Development Officer, Panchayat Samiti Tumsar, Zilla Parishad Bhandara, Dist. Bhandara Mr. Swapnil B. Joshi, Advocate for the petitioner 96 WRIT PETITION NO. 1631 OF 2022 Sanjay Vasant Sonune, Age-51 years, Occu-Service, Assistant Teacher, R/o. At Post Dongar Shevali, Tq. Chikhali, Dist. Buldhana Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana

(5) Mr. S. B. Joshi, Advocate for the petitioner 97 WRIT PETITION NO. 1632 OF 2022 Baliram Wasudeo Tayade, Age-45 years, Occu-Service, Assistant Teacher, R/o. At Post Nandrakoli, Dist. Buldhana Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Khamgaon, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner 98 WRIT PETITION NO. 1633 OF 2022 Archana Vishwanath Barale (After Marriage Mrs. Archana Ajay Naidu) Age-45 years, Occu-Service, Assistant Teacher, R/o. 13B, Sukhakarta Prime City, Behind Vasantprabha Nursing College, Khonde Wadi, Chikhalie Road, Buldhana

(6) Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Buldhana, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner WRIT PETITION NO. 1635 OF 2022 Samadhan Sitaram Pawar, Age-53 years, Occu-Service, Assistant Teacher, R/o. Datta Colony, Jatkar Layout, Bodtha Road, Sundarkhed, Tq. & Dist. Buldhana Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Khamgaon, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner

(7) 100 WRIT PETITION NO. 1636 OF 2022 Umesh Mahadeo Rane, Age-45 years, Occu-Service, Assistant Teacher, R/o. At Post Sonala, Tq. Sangrampur, Dist. Buldhana Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Sangrampur, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner 101 WRIT PETITION NO. 1637 OF 2022 Samadhan Dashrath Irale, Age-51 years, Occu-Service, Assistant Teacher, R/o. Utrada, Tq. Chikhali, Post Peth, Dist. Buldhana

(8) Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner 102 WRIT PETITION NO. 1640 OF 2022 Swati Sunil Dhore, Maiden Name Ku. Swati Jagannath Adbol, Age-47 years, Occu-Service, Assistant Teacher, R/o. Jaiprabha Colony, Behind Telecom Colony, Akoli Road, Amravati State of Maharashtra, Mantralaya, Mumabai-32 The Education Officer (Secondary), Zilla Parishad, Amravati Maratha Shikshan Sanstha, Amravati, Sharda Nagar, Amravati Through its President 4.

Sharda Kanya Vidyalaya, Sharda Nagar, Shikshan Colony, Bhatkuli, D. P. Road, Near Dream's Park, Amravati, Through its Principal Mr. S. B. Joshi, Advocate for the petitioner

(9) 103 WRIT PETITION NO. 1641 OF 2022 Chandrakant Pandurang Suradkar, Age-46 years, Occu-Service, Assistant Teacher, R/o. Deendayal Nagar, Ward No. 12, Post Chikhali, Tq. Chikhali, Dist. Buldhana Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner 104 WRIT PETITION NO. 1643 OF 2022 Ishwar Eknath Khawale, Age-45 years, Occu-Service, Assistant Teacher, R/o. Hansraj Nagar, Shegaon Road, Khamgaon, Dist. Buldhana

(10) Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Sangrampur, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner 105 WRIT PETITION NO. 1644 OF 2022 Sunil Raghunath Ingale, Age-47 years, Occu-Service, Assistant Teacher, R/o. Bhankheda, Post Kolara, Tq. Chikhali, Dist. Buldhana Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4.

The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner 107 WRIT PETITION NO. 4118 OF 2022

(11) Sanjay Sadashiv Chachane, Age-51 years, Occu-Service, R/o. Plot No. 50, Chutke Layout, Maregaon, Dist. Yavatmal 445 303 General Administration Department, Mantralaya Mumbai-32 Zilla Parishad, Yavatmal The Education Officer (Primary) Zilla Parishad, Yavatmal Smt. Preeti Rane, Advocate for the petitioner 108 WRIT PETITION NO. 4580 OF 2022 Shreedhar Parashram Vankore, Age-58 years, Occu-Service, R/o. SF-9, Shreepati Apartment, 1757-E, Rajarampuri 4th Lane Opposite Blackbery, Showroom Rajarampuri, Kolhapur, Tq. & Dist. Kolhapur Mantralaya, Mumbai The Divisional Controller, Maharashtra State Road Transport, corporation, Kolhapur Division, Kolhapur, Tq. & Dist. Kolhapur Mr. Pratap V. Jadhavar, Advocate for the petitioner

(12) Mr. K. N. Lokhande, AGP for the State in respective matters Mr. P. S. Patil, AGP for the State in the respective matters WRIT PETITION NO. 4588 OF 2022 Moreshwar Mukunda Karmarkar, Age-57 years, Occu-Service, R/o. Vasundhara Nagar, Old Bus Stop, Nagbhid, Tq. Nagbhid, Dist. Chandrapur The Joint Director, Vocational Education & Training Regional Office, Civil Lines, Nagpur, Dist. Nagpur, The Secretary, Janta Education society, Nagbhid, Tq. Nagbhid, Dist. Chandrapur Mr. Sushant C. Yeramwar, Advocate for the petitioner 106 WRIT PETITION NO. 1674 OF 2022 Ashok Nagorao Mekewad, Age-57 years, Occu-Service, R/o. At Kolwadi, Post-Sailu (Pendu), Tq. Palam, Dist. Parbhani

(13) Through its Principal Secretary, The Divisional Controller, Maharashtra State Road Transport Corporation Ltd.

Parbhani Division, Parabhani.

Mr. Sushant C. Yeramwar, Advocate for the petitioner Mr. A. R. Kale, AGP for the respondent/State CORAM : R. D. DHANUKA & S. G. MEHARE, JJ.

DATE : 25th April, 2022 JUDGMENT:

Writ Petition No. 4588 of 2022 is not on board. Upon mentioning taken on board.

Rule. Rule made returnable forthwith. The learned AGP waives service of notice for the respondent.

This court after hearing the learned counsel for the parties issued various directions. This court directed the learned AGP to verify whether these matters which are on board today are covered by the judgment delivered by the Division Bench of this Court on 04-05-2021 in writ petition No. 903 of 2020 and other connected matters in the case of Raja Tukaram Shinde Vs the State of Maharashtra and others.

(14) 4.

In the operative part of the said order this court held that the Government Resolution dated 21-12-2019 shall be read in a manner "not to include the employees whose tribes claims are invalidated, but are granted protection in employment under the judgments/orders of this court and the said judgments/orders have attained the finality". This court accordingly quashed and set aside the impugned communications placing the petitioners on supernumerary posts and allowed such petitions. 5.

The learned AGP for the State on instructions states that the petitions at Sr. Nos. 85,86,87,90,91,95,105 and 107 and 108 are covered by the judgment delivered by this court. Both the parties jointly state that this court thus need not record reasons in this order. Statement is accepted. 6.

The learned AGP states that against the judgment delivered on 04-05-2021 in the case of Raja Tukaram Shinde (supra) some of the respondents Management as well as the State Government have filed special leave petition before the Hon'ble Supreme Court. Statement is accepted.

7.

It is not in dispute that the judgment of this court delivered on 04-05-2021 in the case of

(15) Raja Tukaram Shinde and others has not been stayed by Hon'ble Supreme court till date.

8.

A perusal of the prayers in the writ petitions indicates that reliefs are sought against the State Government impugning the validity of the Government Resolution dated 21-12-2019. The State Government is duly represented by the learned AGP in all these matters. In view of the decision of this court dated 04-05-2021 in the case of Raja Tukaram Shinde (supra) all these petitions in so far as the seeks relief against the Government Resolution dated 21-12-2019 is concerned, these petitions can be disposed of by following the said judgment delivered by this court.

9.

We accordingly, pass the following order:

a] The Government Resolution dated 21-122019 shall be read in manner "not to include the employees whose tribes claims are invalidated, but are granted protection in employment under the judgments/orders of this court and the said judgments/orders have attained the finality".

b] It is made clear that in view of this court declaring that the Government

(16) Resolution dated 21-12-2019 shall not include the employees whose tribes claims are invalidated but are granted protection in employment under the judgment and order and the said judgment order had obtained finality, communication if any issued by the Management based on the said Government Resolution dated 21-12-2021 would not be survive.

10.

The writ petitions are allowed in aforesaid terms. Rule is made absolute. No orders as to costs. 11.

Parties to act upon authenticated copy of this order.

[S. G. MEHARE, J.] [R. D. DHANUKA, J.] VishalK/wp828.21.odt