Vilas Trimbak Raut v. The State Of Maharashtra And Another
1 wp 7217.2021+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 969 WRIT PETITION NO.7217 OF 2021 DADA BABU KOLI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner: Mr. Jadhavar Pratap V. AGP for Respondent No. 1: Mr. K. N. Lokhande Advocate for Respondent No.2: Mr. D. S. Bagul ...
970 WRIT PETITION NO.7218 OF 2021 VILAS TRIMBAK RAUT
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner: Mr. Jadhavar Pratap V. AGP for Respondent No. 1: Mr. P. K. Lakhotiya Advocate for Respondent No.2: Mr. D. S. Bagul ...
971 WRIT PETITION NO.7219 OF 2021 RAJARAM UTTRESHWAR RAUT
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner: Mr. Jadhavar Pratap V. AGP for Respondent No. 1: Mr. P. G. Borade Advocate for Respondent No.2: Mr. D. S. Bagul ...
972 WRIT PETITION NO.7220 OF 2021 ANANT BHAGWAT KALE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner: Mr. Jadhavar Pratap V. AGP for Respondent No. 1: Mr. P. G. Borade Advocate for Respondent No.2: Mr. D. S. Bagul ...
2 wp 7217.2021+ 973 WRIT PETITION NO.7221 OF 2021 BHIMA PANDURANG KHOT
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner: Mr. Jadhavar Pratap V. AGP for Respondent No. 1: Mr. P. S. Patil Advocate for Respondent No.2: Mr. D. S. Bagul ...
974 WRIT PETITION NO.7222 OF 2021 KERBA DASHRATH KOLI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Petitioner: Mr. Jadhavar Pratap V. AGP for Respondent No. 1: Mrs. M. A. Deshpande Advocate for Respondent No.2: Mr. D. S. Bagul ...
CORAM:S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATE: 02nd JULY, 2021 PER COURT:
1.
Mr. Jadhavar, learned Counsel for the petitioners submits that in all these cases tribe claims of the petitioners were invalidated. The petitioners had filed writ petitions before this Court. This Court confirmed the invalidation, however, granted protection in service.
3 wp 7217.2021+ 2.
The learned Counsel for the petitioners further submits that, now, the petitioners are placed on supernumerary posts by respondent no. 2. 3.
Mr. Bagul, learned Counsel appears for respondent no. 2 and submits that as the tribe certificates of the petitioners are invalidated they are rightly placed on the supernumerary posts; as per the policy of the State Government. 4.
We have also heard the learned Additional / Assistant Government Pleaders for the State.
5.
The issue is no longer res-integra. This Court under it's Judgment and Order dated 04.05.2021 in Writ Petition No. 903 of 2020 with connected writ petitions held that if the protection has been granted by this Court, the same has become final then it would not be open for the respondent now to place the petitioners on the supernumerary posts.
6.
In light of the above and for the reasons recorded in the Judgment and Order
4 wp 7217.2021+ dated 04.05.2021 passed in Writ Petition No. 903 of 2020 with connected writ petitions, we follow the same course.
7.
In the light of above, the Government Resolution dated 21.12.2019 shall be read in a manner not to include the employees whose tribe claims are invalidated, but are granted protection in employment under the judgments/orders of this Court and the said judgments/orders have attained finality.
8.
In view of the aforesaid, the impugned communications placing the petitioners on supernumerary posts are quashed and set aside. 9.
Writ Petitions are accordingly disposed of.
No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe