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Narayan S/O Vithoba Kumbhare Vs. Joint Commissioner and Vice-chairman, Scheduled Tribe Caste Certificates Scrutiny Committee and Others - Court Judgment

SooperKanoon Citation

Court

Mumbai Nagpur High Court

Decided On

Case Number

Writ Petition No.4227 of 2013

Judge

Appellant

Narayan S/O Vithoba Kumbhare

Respondent

Joint Commissioner and Vice-chairman, Scheduled Tribe Caste Certificates Scrutiny Committee and Others

Excerpt:


.....final on or before 28.11.2000, shall not be affected. however, they shall not get any benefit of reservation after 28.11.2000.” 4. the caste claim is still pending with respondent no.1. we are of the view that the petitioner should make representation to respondent nos.2 and 3 within a period of two weeks. 5. in view of above undisputed position, we are inclined to observe that respondent nos.2 and 3 to consider the representation, in view of above position of law as well as the facts and pass order accordingly. 6. if any adverse order is passed against the petitioner, no coercive steps be taken against the petitioner by the respondents for four weeks. 7. liberty is granted to both the parties to apply for appropriate orders. 8. writ petition is accordingly disposed of with liberty. rule accordingly. there shall be no order as to costs.

Judgment:


Oral Judgment: ( Anoop V. Mohta, J.)

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

2. The petitioner was appointed on 6.2.1998 as Assistant Extension Officer on a concurrent post on the basis of “Halba” Scheduled Tribe. He has completed probation period on 6.2.1998 as recorded in office order dated 12.1.2001. The petitioner has filed the present petition to claim protection in view of the judgments of the Supreme Court as well as this Court including the recent judgment of this Court (Coram : Anoop V. Mohta and Z.A. Haq, JJ.) dated 10.07.2013 in Writ Petition No.5530/2012 (Ku. Vijaya Deorao Nandanwar...Versus...Chief Officer, Municipal Council, Wardha) and others.

3. There is no notice and/or threat issued by the petitioner till this date. In the office memorandum dated 10.8.2010, in paragraph no.3, it is observed as under:

“3. The matter has been examined in consultation with the Department of Legal Affairs and it has been decided that the persons belonging to the 'Halba Koshti/Koshti' caste who got appointment against vacancies reserved for the Scheduled Tribes on the basis of Scheduled Tribe certificates, issued to them by the competent authority, under the Constitution (Scheduled Tribes) Order, 1950 (as amended from time to time) relating to the State of Maharashtra and whose appointments had become final on or before 28.11.2000, shall not be affected. However, they shall not get any benefit of reservation after 28.11.2000.”

4. The caste claim is still pending with respondent no.1. We are of the view that the petitioner should make representation to respondent nos.2 and 3 within a period of two weeks.

5. In view of above undisputed position, we are inclined to observe that respondent nos.2 and 3 to consider the representation, in view of above position of law as well as the facts and pass order accordingly.

6. If any adverse order is passed against the petitioner, no coercive steps be taken against the petitioner by the respondents for four weeks.

7. Liberty is granted to both the parties to apply for appropriate orders.

8. Writ Petition is accordingly disposed of with liberty. Rule accordingly. There shall be no order as to costs.




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