nagpur bench writ petition no.4160 2014
Transcription
nagpur bench writ petition no.4160 2014
wp4160.14.odt C ou IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR rt 1 WRIT PETITION NO.4160/2014 Ravindra s/o Mahadeorao Bokade, aged about 44 years, Occupation Assistant Engineer, GradeII, MHADA, Mumbai Regional Board, Resident of 2A/304, Neighbourhood Lokhandwala Township Kandivli (East), Mumbai. ig h PETITIONER : ...Versus... H RESPONDENTS: 1. Maharashtra Housing and Development Authority, through its Secretary, Grih Nirman Bhawan, Bandra (East), Mumbai – 400 051. ba y 2. Scheduled Tribe Certificate Scrutiny Committee, through its Member Secretary, Adiwasi Bhawan, Giripeth, Nagpur. Shri R.S. Parsodkar, Advocate for petitioner Shri Hitesh N. Verma, Advocate for respondent no.1 Mrs. B.H. Dangre, Advocate for respondent no.2 B om CORAM : B.R. GAVAI AND C.V. BHADANG, JJ. DATE : 11.03.2015 ORAL JUDGMENT : (PER : B.R. GAVAI, J.) 1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties. 2. The petitioner was appointed by the respondent no.1 in the year 1996. Since the petitioner belongs to Scheduled Tribe, his claim was forwarded to the respondent no.2 – Scrutiny Committee for verification of ::: Downloaded on - 31/03/2015 08:59:32 ::: wp4160.14.odt rt 2 respondent no.2 – Scrutiny Committee. 3. C ou his claim. Undisputedly, the said claim is still pending before the In the meanwhile, the petitioner has been served with the communication dated 25.6.2014, thereby calling upon him to submit the validity certificate within a stipulated time. It has been further stated in the ig h communication that in the event the petitioner fails to submit the validity certificate within the stipulated time, his services would be terminated. 4. It is not in the hands of the petitioner within how much time H the respondent no.2 – Scrutiny Committee will decide the claim of the petitioner. However, for the inaction on the part of the respondent no.2 – ba y Scrutiny Committee, the petitioner cannot be penalized. 5. Apart from that prima facie even if the petitioner's claim is invalidated, he would be entitled to protection of his services inasmuch he B om is appointed in the year 1996, in view of the judgment of the Full Bench of this Court in the case of Arun s/o Vishwanath Sonone...Versus...State of Maharashtra and others, reported in 2015 (1) Mh.L.J. 457. However, it is not necessary to go into that issue at this stage inasmuch as the petitioner's claim is yet to be decided. 6. In that view of the matter, we pass the following order : (i) Writ Petition is allowed. The impugned termination order dated 25.6.2014 is quashed and set aside. The respondent no.2 – Scrutiny Committee is directed to decide the claim of the petitioner as expeditiously as possible. ::: Downloaded on - 31/03/2015 08:59:32 ::: wp4160.14.odt rt 3 (ii) The respondent no.1 is directed not to terminate the C ou services of the present petitioner on the ground of nonsubmission of the validity certificate. (iii) The services of the petitioner are protected till the decision of the respondent no.2 – Scrutiny Committee on the claim of the ig h petitioner and in the event the decision is adverse to the interest of the petitioner for a further period of three weeks from the date of receipt of communication of the said decision to the petitioner. to costs. H Rule is made absolute in the aforesaid terms with no order as ba y Wadkar B om JUDGE JUDGE ::: Downloaded on - 31/03/2015 08:59:32 :::