Neeta D/O Ganpat Dadmal v. The Committee For Scrutiny And Verification Of Tribe Claim, Nagpur Through Its Chairman And Others

08.09.wp.4878.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4878/2015 (Neeta d/o Ganpat Dadmal vs. The Committee for Scrutiny & Verification of Tribe Claim , Nagpur and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. R.D.Murkute, Advocate for the petitioner Mr. Nitin Rode, Assistant Government Pleader for Respondent no1 & 2 Mr. Kukday,Advocate for the Respondent nos.3 to 5 CORAM : SMT. VASANTI A. NAIK & A.I.S.CHEEMA, JJ.

DATED : 8th September, 2015.

Heard.

By this petition, the petitioner seeks a direction to the Respondent No.1-Scrutiny Committee to decide her tribe claim within a time-frame. The petitioner seeks protection of her services till her tribe claim is decided.

According to the petitioner, the respondent Nos. 3 to 5 have sought to terminate the services of the petitioner as the petitioner had not submitted the caste validity certificate. The petitioner was appointed on the post of Forest Guard reserved for the Scheduled Tribes. The tribe claim of the petitioner was referred to the Scrutiny Committee for verification, in the year 2012. The Scrutiny Committee has not decided the tribe claim of the petitioner and hence the petitioner has sought a

08.09.wp.4878.15 direction to the Committee to decide her tribe claim, at the earliest.

Shri Nitin Rode, the learned Assistant Government Pleader appearing on behalf of the respondent no.1-Committee, states that the tribe claim of the petitioner is pending before the Committee and the same would be decided within a period of nine months.

In view of the statement made on behalf of the Committee, we dispose of the Writ Petition with a direction to the respondent no.1-Committee to decide the tribe claim of the petitioner as early as possible and positively within a period of one year. Since the petitioner is not at fault in not producing the caste validity certificate, the services of the petitioner are protected till her tribe claim is decided.

Order accordingly. No costs.

JUDGE JUDGE sahare