Nilesh S/O Janardhan Raurale v. Scheduled Tribe Caste Certificate Scrutiny Committee, Thr. Member Secretary, Amravati And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 4482/2013.

Nilesh Janardhan Raurale

VERSUS

Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati and others. _____________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ.

DATE : FEBRUARY 23, 2015.

Heard Shri S.D. Khati, learned Counsel for the petitioner and Shri A. Deshpande, learned Counsel for respondent no.1. None appears for respondent nos. 2 and 3 - private employer.

According to Shri Khati, learned counsel appearing on behalf of petitioner, caste claim of petitioner is forwarded by respondent nos. 2 and 3 to Divisional Caste Scrutiny Committee on 23.07.2013

itself.

Shri Deshpande, learned Counsel for respondent no.1 points out that claim should have been forwarded to respondent no.1. He also invites attention to the orders passed by this Court in present matter on 19.01.2015.

We find that the present petition has been filed on 03.08.2013. Petitioner claims to have joined employment some time in June, 1999. Notices have been issued in the matter for the first time on 19.01.2015, as the controversy regarding protection was pending before the Larger Bench. Petitioner amongst other reliefs also claims protection in employment.

In this situation, as sufficient time is already lost, we direct the respondent nos. 2 and 3 to forward the caste claim of petitioner to respondent no.1 - Scrutiny Committee, within a period of four weeks from today. If necessary, they shall call back the papers from Divisional Caste Scrutiny Committee, Amravati for that purpose.

We direct the petitioner to appear before

the respondent no.1 Committee on 20.04.2015. On that date, petitioner shall hand over additional copies of documents with him to the respondent no.1 Committee for its use and for verification of caste claim.

Respondent no.1 shall thereafter proceed further in the matter in accordance with law and attempt to complete the verification within a period of next one year.

Till then, employment of petitioner shall remain protected. This order shall be subject to said exercise of verification.

Prayer of petitioner for grant of protection in employment is kept open and can be looked thereafter, if occasion therefor arise.

In view of above, Writ Petition is, partly allowed and disposed of. No costs.

JUDGE JUDGE Rgd