Ku. Reena Lakhansinha Gujar (Now Smt. Reena M Gautam) v. Scheduled Tribe Certificate Scrutiny Committee, Nagpur And ANR

2024:BHC-NAG:6282-DB 1 WP-2939-2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.

[Ku. Reena Lakshansinha Gujar VERSUS Scheduled Tribe Certificate Scrutiny Committee, Nagpur and another] Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri N.M. Jibhkate, Counsel for Petitioner.

Shri S.M. Ghodeswar, Assistant Government Pleader for Respondent No.1. Shri A.D. Mohgaonkar, Counsel for Respondent No.2. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

ATE : 19 th JUNE, 2024 1.

Civil Application (CAW) No.87 of 2024 is not pressed by the learned counsel for the petitioner and, therefore, the same stands disposed of as not pressed.

2.

We grant leave to amend so as to question the order dated 10-6-2020 whereby the services of the petitioner are placed on supernumerary post by the respondent No.2- Management.

3.

In view of operation of the interim order in favour of the petitioner, the respondent No.2- Management ought not to have issued the said order, particularly when the perusal of the impugned order passed by the respondent No.1- Committee reflects the documentary evidence in support of the claim of the petitioner as that of belonging to '

Thakur' Scheduled Tribe. The claim of the petitioner is rejected only on the ground of affinity test. 4.

That being so, the order dated 10-6-2020 passed by the respondent No.2Management shall remain stayed. We direct the respondent No.2- Management to continue to pay the salary and other benefits to which the petitioner is entitled.

2 WP-2939-2012.odt 5.

Let the aforesaid order be complied with within a period of three months from today.

6.

The petition stands disposed of.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR