Chattisgarh High Court
Ramesh Chand Dekate vs State Of Chhattisgarh on 28 January, 2016
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No.233 of 2016
Ramesh Chand Dekate Versus State Of Chhattisgarh and others
28/1/2016 Shri Mateen Siddiqui, counsel for the petitioner.
Shri Adhiraj Surana, Dy. GA for the State.
Heard.
Learned counsel for the petitioner would submit that pursuant to the decision
rendered by the Supreme Court in the case of State of Maharashtra v. Milind and
others, reported in (2001) 1 SCC 4, the Department of Personnel and Training,
Government of India had issued a circular on 10.08.2010 and thereafter the State
Government issued a similar circular on 01.10.2011 to the effect that such
Halba/Halbi candidates, who are in service pursuant to a certificate of social status
issued in their favour, but the same was later on found to be incorrect, their services
need not be terminated. The State Government issued the impugned circular/order
on 11.01.2016 withdrawing the circular dated 01.10.2011, which was issued
pursuant to the decision in the case of Milind (supra). Although, the State
Government has stated that the withdrawal of the earlier circular is on the basis of
judgment in the matter of Union of India v. Dattatray s/o Namdeo Mendhekar and
others, reported in (2008) 4 SCC 612, yet the impugned circular has the effect of
withdrawing the relief from the petitioner and like candidates. Though on the basis of
said circulars, many similarly placed candidates have already been reinstated and
their writ petitions have been allowed by this Court.
Issue notice to the respondents as per rules.
In the meanwhile, no action shall be taken against the petitioner pursuant to the circular dated 11.01.2016 without leave of the Court.
Certified Copy as per rules.
Sd/-
Judge Nirala Prashant Kumar Mishra