Bombay High CourtWP/8386/2021disposed off

Ramdas Pandurang Khobarkhede v. State Of Maharashtra And Another

2021-08-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha9 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8337 OF 2021 Shri. Prashant S/o Haribhau Khawas Aged about 47 years, Occupation : Service, R/o Flat No. B/202, second floor, Anand Palace No. 10, near Akshay Bhavan, Opposite Ashirwad Bar and Restaurant, Nehru Nagar, Nandanvan, Nagpur-440009.

The Commissioner, Food and Drug Administration, Survey No. 341, Bandra-Kurla Complex, Bandra (East) Mumbai-400051.

The Joint Commissioner (Nagpur Division), Food & Drug Administration, 5th Floor, B-Wing, Administrative Building, Civil Lines, Nagpur.

Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 3. WRIT PETITION NO. 8343 OF 2021 Ganesh S/o Sukhdeo Dhakate Aged about 52 years, Occupation : Service, R/o, Sarkarnagar, Kalyani Tower, Plot No. 121, Behind Radhika Mangal Karyalaya, Chandrapur.

2 1011-wp 8337-2021+.odt The Commissioner, Chandrapur Municipal Corporation, Chandrapur, Tahsil & District Chandrapur Mr. A. R. Kale, AGP for Respondent No. 1.

Mr. A. G.Mate, Advocate for Respondent No. 2. WRIT PETITION NO. 8344 OF 2021 Smt. Vasanti Moreshwar Bahadure Aged about 52 years, Occupation : Service R/o : Vijay Talkij, Bhanapeth Chandrapur, Dist. Chandrapur The Commissioner, Chandrapur Municipal Corporation, Chandrapur, Tahsil & District Chandrapur.

Mr. S. K. Tambe, AGP for Respondent No. 1.

Mr. A. G. Mate, Advocate for Respondent No. 2. WRIT PETITION NO. 8346 OF 2021 Shri Dinkar Pundlik Ingle Aged about 52 years, Occupation : Service R/o : PHC Chandol, District Buldhana

3 1011-wp 8337-2021+.odt The Chief Executive Officer, Zilla Parishad Buldhana.

Mr. S. D. Khati, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondent No. 1. Mr. T. M. Zaheer, Advocate for Respondent No. 2. WRIT PETITION NO. 8347 OF 2021 Smt. Surekha W/o Gangadhar Devikar (Bawane) Aged about 50 years, Occupation : Service R/o : Plot No. 53, Shrinagar-1, Manewada Road, Nagpur-440024.

The Chief Executive Officer, Zilla Parishad, Civil Lines, Nagpur-01.

Mr. S. P. Tiwari, AGP for Respondent No. 1.

Mr. S. N. Gaikwad, Advocate for Respondent No. 2. WRIT PETITION NO. 8348 OF 2021 Shri Sanjay S/o Marotrao Barwatkar Aged about 51 years, Occupation : Service R/o : Mira Changani Nagar, Plot No. 41, Near Swami Samarth Mandir, Dhamangao Railway, District Amravati - 444709

4 1011-wp 8337-2021+.odt The Superintending Engineer, Upper Wardha Sinchan Circle, Upper Wardha Colony, Shivaji Nagar, Amravati-444603.

Executive Engineer, Upper Wardha Irrigation Division, Upper Wardha Colony, Shivaji Nagar, Amravati-444603.

Mr. P. K. Lakhotiya, AGP for Respondent No. 1. Mr. S. G. Jagtap, Advocate for Respondent Nos. 2 and 3. WRIT PETITION NO. 8364 OF 2021 Rajesh S/o Gajanan Nagpure Aged about 48 years, Occupation : Service R/o : Mahakali Ward, Chandrapur, Tahsil & Dist. Chandrapur The Commissioner, Chandrapur Municipal Corporation, Chandrapur, Tahsil & District Chandrapur.

Mr. S. B. Pulkundwar, AGP for Respondent No. 1. Mr. A. G.Mate, Advocate for Respondent No. 2. WRIT PETITION NO. 8383 OF 2021 Rupesh S/o Devidas Ingale Aged 45 years, Occupation : Service R/o : At Post Anandwadi, Akot, Tq. Akot, Dist. Akola

5 1011-wp 8337-2021+.odt The Chief Executive Officer, Zilla Parishad, Akola.

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. Mr. Jaipurkar, Advocate for Respondent No. 2. WRIT PETITION NO. 8384 OF 2021 Pradeep S/o Ramrao Bhiwate Aged 46 years, Occupation : Service R/o : Sahara Nagar, Anjangaon Surji, Tq. Anjangaon Surji, Dist. Amravati The Chief Executive Officer, Zilla Parishad, Akola.

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. Mr. Jaipurkar, Advocate for Respondent No. 2. WRIT PETITION NO. 8385 OF 2021 Kashinath S/o Mahadeo Tarale Aged 55 years, Occupation : Service R/o : At Post Apoti, Tq. & Dist. Akola

6 1011-wp 8337-2021+.odt The Divisional Controller, Maharashtra State Road Transport Corporation, Akola, Tq. & Dist. Akola.

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. WRIT PETITION NO. 8386 OF 2021 Ramdas Pandurang Khobarkhede Aged 52 years, Occupation : Service R/o Khobarkheda, At Post Apoti Khurd, Tq. & Dist. Akola The Divisional Controller, Maharashtra State Road Transport Corporation, Akola, Tq. & Dist. Akola.

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. WRIT PETITION NO. 8387 OF 2021 Ratan S/o Govardhan Patkar Aged 53 years, Occupation : Service R/o Pati, Tq. & Dist. Akola The Divisional Controller, Maharashtra State Road

7 1011-wp 8337-2021+.odt Transport Corporation, Akola, Tq. & Dist. Akola.

Mr. S. D. Khati, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent No. 1. WRIT PETITION NO. 8402 OF 2021 Rajendra S/o Wasudeorao Nimje Aged 51 years, Occupation : Service R/o Ward No. 10, Laxmi Nagar, Tq. Warud, Dist. Amravati The Additional Commissioner, Tribal Development, Amravati.

Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2. WRIT PETITION NO. 8405 OF 2021 Ku. Archana D/o Hajurdas Gokhale @ Smt. Archana W/o Surendra Kolhe, Aged 49 years, Occupation : Service R/o Plot No. 56, Venuvan Society, Friends Colony, Katol Road, Nagpur The Maharashtra Remote Sensing Application Center, Through its Director, V.N.I.T. Campus, South Ambazari Road, Nagpur.

Mr. S. K. Tambe, AGP for Respondent No. 1.

Mr. A. R. Patil, Advocate for Respondent No. 2.

8 1011-wp 8337-2021+.odt CORAM :

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

DATED : 10th AUGUST, 2021.

ORAL JUDGMENT (PER S. V. GANGAPURWALA, J.) :- .

Rule. Rule made returnable forthwith. With the consent of parties, taken up for final hearing at admission stage. The learned counsel for the petitioners submits that the petitioners are appointed from Scheduled Tribe category. Their tribe claims were invalidated by the scrutiny committee. They had filed writ petitions before this Court at Nagpur. The Division Bench of this Court at Nagpur upheld the judgment of the committee under its judgment and order dated 25.01.2008, but granted protection in service. The said judgment has become final. Now, the petitioners are placed on supernumerary posts. According to the learned counsel, once the protection is granted by this Court, the same cannot be re-opened. 3.

The learned A.G.P. in respective writ petitions submit that, in view of the Government Resolution dated 21.12.2019, the employer has rightly placed the petitioners on supernumerary posts. 4.

It appears from the judgments on record that the tribe claims of the petitioners as belonging to Scheduled Tribe are invalidated by the

9 1011-wp 8337-2021+.odt committee. The petitioners filed writ petition before this Court at Nagpur. The invalidation of their tribe claims was upheld by the Division Bench of this Court at Nagpur, however, were granted protection in service. The said judgment has become final. 5.

This Court in its judgment and order dated 04.05.2021 in Writ Petition No. 903 of 2020 with other connected matters held that, once the protection granted by this Court has become final, such employees cannot be placed on supernumerary posts.

For the reasons recorded in the judgment and order dated 04.05.2021 in Writ Petition No. 903 of 2020 with other connected writ petitions, the impugned order placing the petitioners on supernumerary posts is quashed and set aside.

Rule is accordingly made absolute in above terms. No costs. ( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.