Full Judgment
1 06.07.2012: Shri Sunil Choubey, learned counsel for the petitioner.
Shri Sanjeev Kumar Singh, learned Panel Lawyer, for the respondents.
Petitioner belongs to Halba Community, which falls in the Scheduled Tribe Category.
Certain benefits were granted to the petitioner on this count and on the ground that benefit was granted incorrectly, the same is withdrawn.
Withdrawal of the benefit and consequential action taken is challenged by the petitioner in this case.
It is stated by the petitioner that in his case no report was called from the High Power Committee.
The question involved in this petition is as to whether the petitioner belongs to Halba community and whether he is entitled to the benefit, being member of Scheduled Tribe community.
Even though respondents have tried to justify their action by filing a detailed return but during the pendency of this petition, policy with regard to granting benefit to the Halba community has undergone change and a policy decision was taken by the State Government based on certain judgment rendered in the case of State of Maharashtra versus Milind & OtheRs.As a result policy dated 7.3.2011 has been issued by the State Government.
not case of the petitioner has to be reconsidered as per this policy.
2 Keeping in view the aforesaid, for the present without entering into the controveRs.on merits, it is directed that on the petitioner's filing certified copy of this order along with detailed representation, claim of the petitioner shall be reconsidered in the light of circular and policy dated 7.3.2011 and the letter dated 31st March 2007 and decide the claim of the petitioner within a period of three months from the date of receipt of certified copy of this order.
With the aforesaid, the petition stands disposed of.
Certified copy as per rules.
(Rajendra Menon) Judge Aks/-