Arun S/O Vishwanath Sonone v. State Of Maharashtra, Through Secretary, Department Of Education, Mumbai And Others

2025:BHC-NAG:552-DB 1 12.wp.2227.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2227/2019 Arun s/o. Vishwanath Sonone Vs. State of Maharashtra and Ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. V. Wankhede, Advocate for Petitioner.

Ms S. S. Jachak, Addl.G.P. for Respondent Nos.1 and 3/State. Ms B. P. Maldure, Advocate for Respondent No.2. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 17/01/2025.

.

In view of the judgment of the Hon'ble Apex Court in the matter of K. Nirmala and Ors. Vs. Canara Bank and Anr. reported in AIR Online 2024 SC 610, the petitioner is permitted to approach before the respondent employer within a period of two weeks with a prayer for protection of service as the petitioner has given up his claim as that of belonging to Gond Gowari Scheduled Tribe in the backdrop of the judgment of the Hon'ble Apex court in the matter of State of Maharashtra and Anr. Vs. Keshao Vishwanath Sonone and Anr. with connected matter reported in (2021) 13 SCC 336.

2.

In view of the judgment of the Hon'ble Apex Court in the matter of State of Maharashtra and Anr. Vs. Keshao Vishwanath Sonone and Anr. (cited supra), in case if such recourse is taken by the petitioner, the respondent employer shall decide the claim of the petitioner expeditiously and in any case within a period of six weeks from the date of receipt of such representation.

2 12.wp.2227.19 3.

The employer shall be sensitive to the law laid down in the judgment of the Hon'ble Apex Court in the matter of K. Nirmala and Ors (cited supra).

4.

The petition stands disposed of accordingly.

5.

Till such application is decided, there shall be no coercive action against the petitioner.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule