Mansing Devsing Patil v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7310 OF 2016 Mansing s/o Devsing Patil Age 54 years, Occu: Service, Working as Agricultural Assistant with Taluka Agricultural Office, Chopada, Tq. Chopada, Dist. Jalgaon.

... Petitioner

VERSUS

1. The State of Maharashtra Through its Secretary, Agriculture & Marketing, Mantralaya, Mumbai 400 032

2. The Commissioner, Agriculture, Maharashtra State, Pune, Central Building, Pune

3. The Divisional Joint Director of Agriculture, Nashik Division, Nashik.

4. The District Superintendent/ Agricultural Officer, Jalgaon

5. The Sub-Divisional Agriculture Officer, Amalner Division, Amalner

6. The Taluka Agricultural Officer, Chopada, Tq. Chopada, Dist. Jalgaon ... Respondents.

7. The Sub Divisional Officer, Chalisgaon sub Division, Chalisgaon Dist. Jalgaon

8. The Divisional Caste Scrutiny committee No.2, Dhule, Dist. Dhule.

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Mr. Dhananjay B. Thoke, Advocate for the petitioner Mr. A R. Kale, AGP for the respondents.

CORAM

: R. M. BORDE & K. L. WADANE, JJ.

DATE :

13th July, 2016 ORDER:

1.

Heard learned counsel for the respective parties.

2.

Leave to add the Divisional Caste Certificate Scrutiny Committee, Dhule and Sub Divisional Officer, Chalisgaon as party respondents.

3.

The petitioner claims to belong to Rajput Bhamta caste which is categorized as Vimukta Jati (V. J.). The petitioner has been appointed as Agricultural Assistant in the Agricultural Department as against the seat reserved for V.J. category in the year 1985. The petitioner is aggrieved by the show cause notice issued to him, directing him to submit caste validation certificate within a specified period and it has been informed him that in the event of failure to submit the validation certificate, appropriate action will be taken against him.

4.

Since the petitioner is appointed in the year 2/4

1985 and even otherwise he is entitled to claim protection in the matter of employment in view of the policy adopted by the State Government in that regard. The petitioner undertakes to tender application to the Sub Divisional Officer, Chalisgaon within a period of four weeks from today in the prescribed form together with necessary documents. On receipt of the application, the Sub Divisional Officer shall decide the application and issue caste certificate to the petitioner in observations of the procedure prescribed in that behalf, as expeditiously as possible, preferably within a period of six weeks from the date of application. 5.

On receipt of the caste certificate, the petitioner shall forward the same through his employer to the caste scrutiny committee for verification, within the period of four weeks from the date of receipt of the certificate. Upon receipt of proposal, the Scrutiny Committee shall take decision on the verification claim of the petitioner as expeditiously as possible, preferably within one year from the date of receipt of the proposal.

6.

In the meanwhile, no coercive action be taken against the petitioner on the ground of his failure to 3/4

submit validation certificate.

7.

With the directions as above, writ petition stands disposed of.

(K. L. WADANE, J.) (R. M. BORDE, J. ) JPC 4/4