Vinod Devidas Chunkikar v. State Of Maharashtra Through Its Secretary And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

80 WRIT PETITION NO.918 OF 2021 CHANDRAKANT S/O DAMODHAR SHETE STATE OF MAHARASHTRA AND ANOTHER Advocate for Petitioners : Mr. Rajendra J. Kankale. 81 WRIT PETITION NO.6570 OF 2021 KU. RANGUBAI GOVARDHAN TAPRE THE STATE OF MAHARASHTRA THR. ITS SECRETARY AND ANOTHER 82 WRIT PETITION NO.6571 OF 2021 PURNAJI BANSIRAM TAROLE 83 WRIT PETITION NO.6601 OF 2021 BANDU SHRIRAM UKARDE THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Petitioners : Mr. Sachin D. Khati. AGP for Respondent/State: Mr. P. K. Lakhotiya.

84 WRIT PETITION NO.6605 OF 2021 VENUKA BHIMRAO KHEDKAR THE STATE OF MAHARASHTRA AND ANOTHER AGP for Respondent/State: Mr. P. K. Lakhotiya. 85 WRIT PETITION NO.8351 OF 2021 SHYAMRAO PUNDLIK KHAWALE STATE OF MAHARASHTRA AND ANOTHER AGP for Respondent/State: Mr. S. K. Tambe.

Advocate for Respondent No.2 : M. D. S. Bagul. 88 WRIT PETITION NO.8376 OF 2021 SHIVDAS SHRIRAM RAIBOLE STATE OF MAHARASHTRA AND ANOTHER Advocate for Respondent No.2 : M. D. S. Bagul. 91 WRIT PETITION NO.9433 OF 2021 VIJAY SHESHRAO NIKHARE THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. P. K. Dhomne.

AGP for Respondent/State: Mrs. V. N. Patil-Jadhav.

93 WRIT PETITION NO.9436 OF 2021 ASHOK MAROTRAO PARATE THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. P. K. Dhomne.

AGP for Respondent/State: Mrs. V. N. Patil-Jadhav. 94 WRIT PETITION NO.9548 OF 2021 SUBHASH HIMMATRAO DHORE Advocate for Respondent No.2 : Mr. D. S. Bagul. 96 WRIT PETITION NO.9550 OF 2021 DEOKISAN LAXMANRAO PATKAR Advocate for Respondent No.2 : Mr. D. S. Bagul. 97 WRIT PETITION NO.9551 OF 2021 UDDHAV UTTAMRAO KALAMKHEDE AGP for Respondent/State: Mr. S. W. Munde.

Advocate for Respondent No.2 : Mr. D. S. Bagul.

98 WRIT PETITION NO.9552 OF 2021 VINAYAK DIGAMBAR ANKURKAR AGP for Respondent/State: Mr. S. W. Munde.

Advocate for Respondent No.2 : Mr. D. S. Bagul. 99 WRIT PETITION NO.9553 OF 2021 ANIL NAGORAO WAWARE AGP for Respondent/State: Mr. S. W. Munde.

Advocate for Respondent No.2 : Mr. D. S. Bagul. 100 WRIT PETITION NO.9554 OF 2021 KAILASH VISHWASRAO KOLTAKKE AGP for Respondent/State: Mr. S. W. Munde.

Advocate for Respondent No.2 : Mr. D. S. Bagul. 101 WRIT PETITION NO.9555 OF 2021 VINOD DEVIDAS CHUNKIKAR AGP for Respondent/State: Mr. S. W. Munde.

Advocate for Respondent No.2 : Mr. D. S. Bagul.

102 WRIT PETITION NO.9556 OF 2021 LEELADHAR INDRABHAN CHUNKIKAR AGP for Respondent/State: Mr. S. W. Munde.

Advocate for Respondent No.2 : Mr. D. S. Bagul. 103 WRIT PETITION NO.9557 OF 2021 KAILASH RUPRAO TARALE Advocate for Respondent No.2 : Mr. D. S. Bagul. CORAM :

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

DATE :

30th August, 2021.

P.C.:

.

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. 2.

The learned Advocates for petitioners also informed that they have informed Mr. B. N. Jaipurkar, learned counsel for the employer in some of the matters.

3.

The learned A.G.P. and Mr. Bagul, learned counsel for the employer in some of the matters 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 committee. The petitioners filed writ petitions 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.

6.

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.

7.

The writ petitions are disposed of. No costs. [ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga