Mohan Vasantrao Kumbhare v. Chief Ex. Officer, Z.P. Wardha

1 WP4799.10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4799 OF 2010 Mohan S/o Vasanrao Kumbhare vs. C.E.O., Z. P. Wardha - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R. Narnaware, counsel for the applicant-petitioner, Shri P.V.Thakre, counsel for the respondent.

CORAM : SMT. VASANTI A. NAIK & PRASANNA B. VARALE, JJ.

DATED : 24.04.2015.

Heard.

The services of the petitioner are protected, as the petitioner was appointed on 23/02/1999.

In view of the order of the full bench dated 22/12/2014 in the reference in Writ Petition No.3890/2013, the respondent-employer is directed to reinstate the petitioner in service, within a period of two weeks on the petitioner furnishing an undertaking in this Court and to the respondent-employer that neither the petitioner nor his progeny would claim the benefits meant for the scheduled tribe, in future. The petitioner would be entitled to continuity of service, but would not be entitled to the arrears of salary, as the petitioner has admittedly not worked after he was terminated from service on 02/04/2007. The writ petition is allowed in the aforesaid terms and disposed of.

JUDGE JUDGE KHUNTE