nagpur bench writ petition no.336 2015
Transcription
nagpur bench writ petition no.336 2015
1 WP33615.odt rt IN THE HIGH COURT OF JUDICATURE AT BOMBAY C ou NAGPUR BENCH : NAGPUR WRIT PETITION NO.336/2015 Subhash s/o Shankarrao Dharmik, Aged about 44 years, Occupation: Service, R/o Mankapur, Nayvihar, Nagpur. .. PETITIONER ig h .. Versus .. H The Joint Secretary, Law and Judiciary Department, Administrative Building, Civil Lines, Nagpur. .. RESPONDENT ba y Mr. Abhay Sambre, Advocate for Petitioner. Mrs. B.H. Dangre, Government Pleader for Respondent. ... CORAM : B.R. Gavai & Mrs.Mridula Bhatkar, JJ. DATED : January 30, 2015. om ORAL JUDGMENT (per B.R. Gavai, J. ) 1. Initially when the matter was called out, the learned B Government Pleader has sought time. On the last date itself, we had clarified that since the matter in issue is covered by the judgment of the Full Bench of this Court in the case of Arun V. Sonone vs. State of Maharashtra and others reported in 2015 (1) Mh.L.J. 457, we would not be granting any further time. In that view of the matter, the prayer by the learned Government Pleader for grant of time is rejected. ::: Downloaded on - 31/03/2015 16:55:33 ::: 2 WP33615.odt Rule. Rule made returnable forthwith. Heard by consent. 3. The petitioner who claims to be belonging to Scheduled rt 2. C ou Tribe Halba came to be appointed as Clerk-cum-Typist in the office of the Government Pleader, High Court, Nagpur on 8.7.1996. Since the petitioner’s appointment was against the post reserved for Scheduled Tribe, the same came to be referred to the Scrutiny Committee. The claim of the petitioner is rejected. In the meantime the petitioner was directed to produce ig h 4. the certificate of belonging to Special Backward Class category. The petitioner has accordingly submitted the validity certificate 5. H certifying that the petitioner belongs to Special Backward Class. Heard Mr. Sambre, learned counsel appearing on behalf ba y of the petitioner and Mrs. Dangre, learned Government Pleader for the respondent. 6. Mr. A.R. Sambre, the learned counsel appearing on behalf om of the petitioner submits that in view of the judgment of the Full Bench of this Court in the case of Arun V. Sonone (supra), the petitioner’s appointment as well as promotion are entitled to be B protected. 7. Mrs. B.H. Dangre, learned Government Pleader appearing on behalf of the respondent vehemently opposes the claim of the petitioner. She submits that though the petitioner’s initial appointment is prior to 28.11.2000, the promotion granted to the petitioner is subsequent to that year. 8. The Full Bench of this Court in the case of Arun V. ::: Downloaded on - 31/03/2015 16:55:33 ::: 3 WP33615.odt Sonone (supra) has held that all appointments of the persons, who rt claimed to be belonging to Halba Scheduled Tribe and who have 28.11.2000 are entitled to be protected. 9. C ou been found to be belonging to Halba Koshti, made prior to In that view of the matter, we find that the petition deserves to be allowed and same is allowed. The respondent is directed to protect the services of the petitioner. It is further made ig h clear that the petitioner would not be entitled to any of the benefits on the basis of his claim of belonging to Scheduled Tribe. However, it is made clear that since the petitioner has already produced the H validity certificate certifying that he belongs to Special Backward Class category, the seniority of the petitioner shall be reckoned ba y after considering him as a candidate belonging to Special Backward Class. Rule made absolute in the aforesaid terms. No costs. 11. Civil Application No.211 of 2015 is preferred by the om 10. petitioner seeking to amend the petition so as to challenge the order of termination dated 19.01.2015 which was issued during the B pendency of the petition. Since in the substantive petition, we have held that the petitioner is entitled to protection of his services, no orders are necessary on the civil application. Same is disposed of. (Mrs. Mridula Bhatkar, J. ) (B.R. Gavai, J.) ... halwai/p.s. ::: Downloaded on - 31/03/2015 16:55:33 :::