Viswajeet Chango Warkhade v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

641 WRIT PETITION NO.844 OF 2021 Ashok S/o Shivaji Mate Aged about 53 yrs, Occ. Service, R/o Sainath Nagar, Plot No. 43, Indu Apartment, Nagpur.

The State of Maharashtra, Through its Chief Secretary, General Administration Deptt., Mantralaya, Mumbai-32.

Chief Executive Officer, Zilla Parishad, Nagpur.

Mr. S. R. Narnaware, Advocate for Petitioner. 766 WRIT PETITION NO.3430 OF 2021 Mahesh s/o Deorao Bhiwapurkar Aged about 50 years, Occ. Field Officer Maharashtra Pollution Control Board Udyog Bhavan 5th Floor Civil Lines Nagpur.

Maharashtra Pollution Control Board, Through its Member Secretary, Kalpataru Point, 3rd and 4th Floor Opp.

PVR Cinema Sion Circle Mumbai.

Administrative Officer Maharashtra Pollution Control Board, Nagpur 5th Floor Udyog Bhavan Civil Lines Nagpur.

3.

State of Maharashtra Through Secretary General Administration Department, Mr. Akshay M. Sudame, Mr. M. M. Sudame, Archita M. Sudame, Advocate for Petitioner.

769 WRIT PETITION NO.3433 OF 2021 Viswajeet Chango Warkhade, Aged about 50 years, Occ: Service, R/o Ward No. 4, Malkapur, Tq. Malkapur, Dist. Buldhana.

The State of Maharashtra, Mantralaya, Mumbai - 400032.

The Secretary, Tribal Development Department, Mantralaya, Mumbai 400032.

3.

The Chief Executive Officer, Zilla Parishad, Buldhana.

Mr. Mangesh V. Bute, Advocate for Petitioner.

786 WRIT PETITION NO.3451 OF 2021 Mohan s/o Govindrao Bhivapurkar, Aged about 55 years, Occupation : Service, R/o. Peth Mangalwari, Umred, Tah. Umred, Dist - Nagpur.

State of Maharashtra, Mantralaya, Mumbai - 400 032.

Zilla Parishad Nagpur, Through its Chief Executive Officer, District - Nagpur.

Mr. Mangesh V. Bute, Advocate for Petitioner. 1227 WRIT PETITION NO.8361 OF 2021 Sanjiv Mungutrao Durge, Aged 47 years, Occu. Service, R/o. Kalpana Nagar, New Sonkhas, Mangrulpir, Tah. Mangrulpir, District - Washim.

State of Maharashtra,

Zilla Parishad Washim, Through its Chief Executive Officer, District - Washim.

Mr. R. D. Karode, Advocate for Petitioner.

1228 WRIT PETITION NO.8362 OF 2021 Santosh S/o Dhanraj Kadu, Aged : 46 years, Occu. Service, C/o. Zilla Parishad Primary School Chendo, Panchayat Samiti Dharni, District - Amravati.

State of Maharashtra, Zilla Parishad Amravati, Through its Chief Executive Officer, District - Amravati.

Mr. R. D. Karode, Advocate for Petitioner.

1238 WRIT PETITION NO.8375 OF 2021 Gajanan S/o Tulshiram Ghuse, Aged : 40 years, Occu. Service as Asst. Teacher, R/o. Nanded Khurd, Post Nanded Bk., Tah. Bhatkuli, District - Amravati.

State of Maharashtra, Zilla Parishad Amravati, Through its Chief Executive Officer, District - Amravati.

Mr. R. D. Karode, Advocate for Petitioner.

1248 WRIT PETITION NO.8391 OF 2021 Dilip S/o Uttamrao Patkar, Aged : years, Occ. Service, R/o. Jawahar Nagar, Akola, Tq. and District - Akola.

State of Maharashtra, Zilla Parishad, Akola, Through its Chief Executive Officer, Dist. Akola.

Mr. Ram D. Karode, Advocate for Petitioner.

WRIT PETITION NO.868 OF 2021 Subhash Bhagwan Suradkar, Aged about 47 years, Occupation : Service, R/o. Kuranwadi, Tq. Jalgaon Jamod, District - Buldhana.

The State of Maharashtra, Mantralaya, Mumbai - 400032.

The Secretary, Tribal Development Department, Mantralaya, Mumbai 400032.

3.

The Chief Executive Officer, Zilla Parishad, Buldhana.

4.

Scheduled Tribe Caste Certificate Scrutiny Committee Division, Nandurbar, Near R.T.O. Officer, Sakri Road, Distt. Nandurbar.

Mr. M. V. Bute, Advocate for Petitioner.

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

14th October, 2021.

ORAL JUDGMENT: ( Per S. V. Gangapurwala, J. ) Writ Petition No.868 of 2021 is not on board. Upon mentioning, taken on board.

Rule. Rule returnable forthwith. With the consent, the matters are taken up for final hearing.

3.

The petitioners are granted protection in service though their claim is invalidated in the earlier writ petitions filed by the petitioners. Now, respondent no. 2 has placed the petitioners on supernumerary post.

4.

Mr. P. S. Patil, learned AGP accepts notice for respondent/State in all the writ petitions.

5.

The issue is no longer res-integra in view of the judgment of this Court in Writ Petition No. 903 of 2020 with connected writ petitions dated 04.05.2021. It has been held that, if, the protection in service is granted by this Court upon invalidation of the caste claim, then the employer would not have authority to place the employee on supernumerary post. The judgment of this Court granting protection has attained finality.

6.

For the reasons recorded in the judgment dated 04.05.2021 passed in Writ Petition No. 903 of 2020 with connected writ petitions, the present writ petitions are also allowed. The impugned orders placing the petitioners on supernumerary post are quashed and set aside.

7.

Rule is accordingly made absolute.

8.

Writ Petitions accordingly stand disposed of. No costs. [ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga