nagpur bench writ petition no.337 2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
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NAGPUR BENCH : NAGPUR
WRIT PETITION NO.337/2015
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PETITIONER
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Arun s/o Damduji Kochare,
Aged about 41 years,
Occupation: Service,
Government Residency, Ravinagar,
Nagpur.
.. Versus ..
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The Joint Secretary,
Law and Judiciary Department,
Administrative Building,
Civil Lines, Nagpur.
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RESPONDENT
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Mr. Abhay Sambre, Advocate for Petitioner.
Mrs. B.H. Dangre, Government Pleader for Respondent.
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CORAM : B.R. Gavai & Mrs.Mridula Bhatkar, JJ.
DATED : January 30, 2015.
ORAL JUDGMENT (per B.R. Gavai, J. )
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1.
Initially when the matter was called out, the learned
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.
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2.
Rule. Rule made returnable forthwith. Heard by consent.
3.
The
was
appointed
as
a
Lower
Grade
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petitioner
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Stenographer in the office of the Government Pleader, High Court,
Nagpur on 24.04.1998 against the post reserved for
Scheduled
Tribe category. Since the petitioner claims to be belonging to Gond
Gowari Scheduled Tribe and since his appointment was against the
post reserved for Scheduled Tribe, his claim came to be referred to
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the Scrutiny Committee. The claim of the petitioner is rejected.
In the meantime the petitioner was directed to produce
the certificate of belonging to Special Backward Class category.
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The petitioner has accordingly submitted the validity certificate
dated 6.2.2014 certifying that the petitioner belongs to Gowari
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which is notified as Special Backward Class.
5.
Heard Mr. Sambre, learned counsel appearing on behalf
of the petitioner and Mrs. Dangre, learned Government Pleader for
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the respondent.
6.
Mr. A.R. Sambre, the learned counsel appearing on behalf
of the petitioner submits that in view of the judgment of the Full
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Bench of this Court in the case of Arun V. Sonone (supra), the
petitioner’s services are entitled to be protected.
7.
Mrs. B.H. Dangre, learned Government Pleader appearing
on behalf of the respondent vehemently opposes the claim of the
petitioner. The Full Bench of this Court in the case of Arun V.
Sonone (supra) has held that services of all such employees who
have been working for long period are entitled to be protected if
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there is no finding of fraud in the case of the petitioner.
In that view of the matter, we find that the petition
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there is no finding of fraud in the case of such a person. Admittedly
deserves to be allowed and same is allowed.
The respondent is
directed to protect the services of the petitioner.
However, it is
made clear that the petitioner would not be entitled to any of the
benefits on the basis of his claim of belonging to Scheduled Tribe.
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The petitioner shall be treated as a candidate of belonging to
Special Backward Category.
Rule made absolute in the aforesaid terms. No costs.
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9.
(Mrs. Mridula Bhatkar, J. )
(B.R. Gavai, J.)
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...
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halwai/p.s.
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