Bombay High CourtWP/5024/2015dispossed offdismiss for default

Shri Prakash S/O Pandurang Ingle v. State Of Maharashtra Through Its Secretary, Tribal Welfare, Mumbai And Others

2015-09-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP5024-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5024/2015 (PRAKASH PANDURANG INGLE VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Chawhan, counsel for the petitioner. Shri N.R. Rode, A.G.P. for the R-1 & 4.

Shri B.N. Jaipurkar, counsel for the R-2 & 3. CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : SEPTEMBER 29 , 2015.

By this petition, the petitioner seeks a direction to the respondent no.4-Scrutiny Committee to decide the caste claim of the petitioner as early as possible. The petitioner seeks the protection of his services till his caste claim is decided. The petitioner is appointed as a Junior Engineer on a post reserved for the Scheduled Tribes. The caste claim of the petitioner was remitted to the respondent no.4-Committee for verification. According to the petitioner, the respondent no.4Committee has not decided the claim of the petitioner and the respondents are proposing to terminate the services of the petitioner in the absence of the caste validity certificate. Shri Rode, the learned Assistant Government Pleader appearing on behalf of the respondent no.4-Committee, states on instructions that the caste claim of the petitioner is pending before the respondent no.4-Committee and the matter is now with the vigilance cell. It is stated that the respondent no.4-Committee would decide the caste claim of the petitioner within a period of six months.

WP5024-15 By accepting the statement made on behalf of the respondent no.4-Committee, which would be binding on the respondent no.4-Committee, we dispose of the writ petition with no order as to costs. Since the petitioner is not at fault in not producing the caste validity certificate, the services of the petitioner are protected till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE APTE