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Bombay High Court

Ravindra Pralhadrao Khare vs State Of Maharashtra And 3 Ors on 5 February, 2021

Author: Riyaz I. Chagla

Bench: K.K.Tated, Riyaz I. Chagla

                                                                  1.287.20-wp.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Basavraj
G. Patil                       ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
Basavraj G. Patil
Date: 2021.02.08
                                          WRIT PETITION NO.287/2020
14:19:48 +0530

                      Ravindra P. Khare                         ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.               ..... Respondents


                      Mr. R. K. Mendadkar a/w. Mr. C. K. Bhangoji for the
                      Petitioner
                      Mr. Kedar Dighe, AGP for the State
                      Mr. Abhishek Khare a/w. Ms. Rupali Adhate for the MCGM


                                                 CORAM:    K.K.TATED &
                                                           RIYAZ I. CHAGLA, JJ.

DATED : FEBRUARY 5, 2021 P.C. 1 Heard. By this Petition under Article 226 of the Constitution of India, the Petitioner challenges the order of termination dated 15.12.2017 passed by Respondent No.4 terminating the services of the Petitioner on the ground of absentism.

2 The learned counsel for the Petitioner submits that as soon as the Caste Scrutiny Committee by order dated 27th April 2015 invalidated the Petitioner's caste certificate issued by the Competent Authority as belonging to Thakur, Scheduled Tribe for the fourth time, he had filed Writ Petition No.6224/2015 before this Court. He submits that this Court, by order dated 26.07.2019 allowed the said Writ Petition directing the Scheduled Tribe Scrutiny Committee, Basavraj G. Patil 1/5 1.287.20-wp.odt Thane to issue validity certificate of "Thakur" Scheduled Tribe to the Petitioner within 4 weeks from the date of order. This Court had also imposed the costs of Rs.50,000/- on the said Scheduled Tribe Certificate Scrutiny Committee. He submits that during pendency of the said Writ Petition, the Respondents had issued impugned termination order dated 15.12.2017 showing the Petitioner's services were terminated from 25.10.2016. Hence, the Petitioner carried out amendment in the Writ Petition No.6224/2015. He submits that at the time of deciding the said Writ Petition, this Court had specifically granted liberty to the Petitioner to take appropriate steps for setting aside the termination order passed by the Respondent. Hence, the Writ Petition 3 Part of the order passed in Writ Petition No.6224/2015 reads thus:

"We direct the Scheduled Tribe Scrutiny Committee at Thane to issue validity certificate of "Thakur"

Scheduled Tribe to the petitioner within a period of four weeks from today. We direct the Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, Amravati to pay cost of Rs.50,000/- to the petitioner within a period of four weeks. We direct that the costs be born by the members of the Committee jointly.

Writ Petition is made absolute in the aforesaid terms. As far as prayer for setting aside the order of termination dated 15th December 2017 passed by the respondent No.3 is concerned, we grant liberty to the petitioner to assail the same separately and we make it clear that we have not gone into the merits of the said order."

In view of these facts, the Petitioner has filed the present Writ Petition.

1.287.20-wp.odt 4 The learned counsel for the Petitioner submits that bare reading of the termination order dated 15.12.2017 shows that same is issued with mala fide intention. He submits that in the said order, it is stated that the Respondents are terminated the Petitioner's services w.e.f. 25.10.2016. This shows that the Petitioner's services were terminated on 25.10.2016 and the Respondent Corporation intimated the Petitioner after one year, by order dated 15.10.2017. Not only that that, in the meanwhile, the Respondent Corporation issued reappointment letter in favour of the Petitioner on the post of Fireman w.e.f. 08.08.2017. In support of this contention, the learned counsel for the Petitioner relies on para 26 of the petition, which reads thus:

"5. The petitioner further states that the respondent no.4 Corporation passed an order dated 1.8.2017 stating that the petitioner among others has been reappointed on the post of Fireman w.e.f 8.8.2017 due to non submission of caste validity certificate by the petitioner."

5 On the basis of these submissions, the learned counsel for the Petitioner submits that, in the interest of justice, this Hon'ble Court be pleased to stay the operation and implementation of the impugned order dated 15.12.2017 passed by the Corporation terminating the Petitioner's services and direct them to allow the Petitioner to join his services with immediate effect, during pendency of the Writ Petition. He submits that if the interim relief is not granted, irreparable loss will be caused to them.

1.287.20-wp.odt 6 On the other hand, the learned counsel for the Respondent has vehemently opposed the Writ Petition. He submits that from the date of appointment, the Petitioner has failed and neglected to produce a caste validity certificate for a long time. Not only that, he remained absent from the services from 26.10.2011 to 31.01.2012. Therefore, the Respondents terminated the Petitioner's services on two grounds i.e. absentism and non-production of caste validity certificate. Therefore, there is no question of granting any ad-interim relief in favour of the Petitioner.

7 When this Court called upon the advocate for the Respondent Corporation to explain the manner in which the Petitioner was terminated on 25.10.2016 from services and intimated him about the same a year thereafter i.e. by letter dated 15.12.2017, he submits that he does not have any answer to the query.

8 Considering the submissions made by the learned counsel for the Petitioner and as this Court, by order dated 26.07.2019 in Writ Petition NO.6224/2017 had granted liberty to the Petitioner to file the present Writ Petition, a caste validity certificate dated 22.08.2019 and impugned order dated 15.12.2017, we are satisfied that the Petitioner has made out a case for interim relief. He has obtained the caste validity certificate and submitted it to the Respondent Corporation. Not only that in the meanwhile, the Respondent Corporation issued appointment letter in favour of the Petitioner by order dated 01.08.2017 i.e. after the date Basavraj G. Patil 4/5 1.287.20-wp.odt of termination i.e. 25.10.2016 and before issuing letter dated 15.12.2017.

9 Hence, the following order is passed:

       a.      Rule.

       b.      Interim relief in terms of prayer clauses (b) and
       (c), which read thus:

(b) pending hearing and final disposal of this petition, the impugned order of termination dated 15.12.2017 passed by the Respondent No.4 be kindly ordered to be stayed.

(c) pending hearing and final disposal of this petition, the respondent no.4 be directed to allow the petitioner to join his duties on the post of Fireman and to pay him salary and allowances as applicable to his post, subject to the result of this Writ Petition."

c. The learned counsel for the Respondent waives service.

       d.      Hearing expedited.




(RIYAZ I. CHAGLA, J.)                       (K.K.TATED, J.)




Basavraj G. Patil                                                5/5