Bombay High CourtWP/3964/2013dispossed offdismiss for default

Anil S/O Najukrao Rane v. Scheduled Tribe Caste Certificate Scrutiny Committee Thr. Its Member Secretary, Amravati And Anothe

2016-03-31Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 3103wp3964.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETTION NO.3964 OF 2013.

Anil Najukrao Rane ..vs..

Scheduled Tribe Caste Certificate Scrutiny Committee and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.D.Khati, Advocate for the petitioner.

Mrs.M.N.Hiwase, AGP for respondent no.1.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : MARCH 31, 2016.

The petitioner has joined employment on 21st of June, 1997 with respondent no.2 and his caste claim is still alleged to be pending. This Court has issued notice in the matter on 25th of July, 2013 and protected his employment.

Learned Assistant Government Pleader submits that after Panel of Advocates representing respondent no.1 was quashed, the matters are received by office of Government Pleader. She is seeking time of three weeks to further assist the Court in the matter. Nobody appears for respondent no.2 - employer.

We accept the statement made by petitioner on affidavit that he is in employment, In this situation, in the light of Full Bench Judgment reported at 2015(1) Mh.L.J.457 (Arun

2 3103wp3964.13.odt Vishwanath Sonone ..vs.. State of Mah.), the entitlement of petitioner to protection also can be examined only after adjudication of caste claim of petitioner by respondent no.1 - Scrutiny Committee.

We, therefore, direct respondent no.1 - Scrutiny Committee to take suitable decision on caste claim of petitioner as early as possible and in any case within period of eight months from today, if it is not already decided.

Petitioner to appear before respondent no.1 - Scrutiny Committee on 14th of May, 2016 and to abide by its further instructions in the matter.

Interim order granted by this court to continue till adjudication of caste claim of petitioner by respondent no.1 - Scrutiny Committee.

Writ Petition is accordingly partly allowed and disposed of.

JUDGE JUDGE Chute.