Sau. Sangita W/O. Ganesh Mauje v. M. Muruganantham, Chief Executive Officer, Zilla Parishad, Gondia

2024:BHC-NAG:14311-DB 1 905.cp.124.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6381/2023 AND CONTEMPT PETITION NO.124/2024 Sau. Sangita w/o. Ganesh Mauje Vs. M. Muruganantham, Chief Executive Officer, Zilla Parishad, Gondia.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Narnaware, Advocate for Petitioner.

Mr. I. J. Damle, A.G.P. for Respondent/State. Mr. K. Y. Kapgate, Advocate for Respondent No.2. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 08/05/2025.

.

Heard.

2.

The petitioner entered in the service of the respondent - Zilla Parishad against a post reserved for NT-B category.

3.

It is his case that for long three decades his claim was not decided by the Committee which has prompted him to give up the claim of belonging to NT-B category and he has secured a Validity Certificate of belonging to OBC category.

4.

Drawing support from the Government Resolution dated 18.05.2013, it is his case that he can claim the protection of the service on supernumerary post even if he is out of employment having suffered an order of termination for failure to submit the validity certificate of belonging to NT-B category, he is entitled for reinstatement.

5.

According to him, there is another issue viz. the

2 905.cp.124.24 termination order does not bear the signature of the Chief Officer.

6.

Be that as it may, the fact remains that the petitioner is out of service and he has given up his claim of belonging to NT-B category and as such has obtained the certificate of belonging to OBC category.

7.

In such an eventuality, we permit him to approach before the respondent employer seeking the protection of service by granting reinstatement and his posting on supernumerary post based on the Government Resolution dated 18.05.2013 and such other documents which he intends to rely upon.

8.

The employer once such circular is received within a period of two weeks from today, to decide his claim within a period of six weeks thereafter. 9.

The petition accordingly, stands disposed of including pending applications.

10.

The contempt proceedings are disposed of in view of the aforesaid order.

11.

No costs.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 09/05/2025 13:42:47