Pravin S/O Ashokrao Nehare v. The Scheduled Tribes Caste Certificate Scrutiny Committee-Thr. Member Secy And Dy. Director And ORS

1 32.wp.3499.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO. 3003/2024 AND WRIT PETITION NO. 3499/2024 Pravin S/o. Ashokrao Nehare Vs.

The Scheduled Tribes Caste Certificate Scrutiny Committee, Nagpur and Ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Rashi Nagrale, Advocate for Petitioner.

Ms T. H. Khan, A.G.P. for Respondent No.1/State. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 25/11/2024.

.

This application is moved for amendment of the petition.

2.

Since the application is moved prior to the petition being taken up for admission, same stands allowed. The amendment to be carried out within one week.

3.

Consequently, the impugned order dated January 29, 2024 whereby the tribe claim of the petitioner came to be negated, the services of the petitioner are terminated vide order impugned dated November 19, 2024 which is impugned in this petition.

4.

After hearing for some time, the learned Counsel for the petitioner submits that challenge to the order of the Committee passed on January 29, 2024 is not pressed.

5.

In view of the aforesaid statement, the petition stands dismissed to the extent of challenge to the order of

2 32.wp.3499.24 the respondent - Committee passed on January, 29, 2024. 6.

The learned Counsel for the petitioner submits that the petitioner was appointed on temporary basis from Scheduled Tribe Category and in view of negation of tribe claim, the petitioner is seeking relief of absorption on supernumerary post. According to her, it is for the respondent Employer to take on whether the temporary services of the petitioner can be absorbed on supernumerary post.

7.

In view of above, issue notice to the respondent Employer for final disposal, returnable on December 16, 2024.

8.

Learned A.G.P. waives service of notice for respondent No.1/State.

9.

We expect response of the respondent Employer on the issue of whether the services of the petitioner can be absorbed on supernumerary post.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 26/11/2024 15:01:27