Bombay High Court
Dhananjay S/O Bhalchadnra Bobde, ... vs State Of Maharsahtra Thr Secretary ... on 3 August, 2016
Author: Vasanti A Naik
Bench: Vasanti A Naik, Swapna Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.2221/2016
PETITIONER: Dhananjay s/o Bhalchandra Bobde,
Aged about 46 years, Occ. Service Asstt.
Livestock Development Officer, Panchayat
Samiti, Chandur Rly., Resident of Rajapeth,
Nanda Market, Amravati - 444606.
...VERSUS...
RESPONDENTS : 1. State of Maharashtra through its Secretary
Department of Animal Husbandry and Fisheries,
Mantralaya, Mumbai - 400032.
2. Zilla Parishad, Amravati, through its
Chief Executive Officer, Amravati.
3. District Animal Husbandry Officer,
Zilla Parishad, Amravati.
4. Divisional Caste Certificate Scrutiny
Committee, Amravati.
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Shri Kunal Nalamwar, Advocate for petitioner
Ms R.V. Kaliya, AGP for respondent nos.1 and 4
Shri J.B. Kasat, Advocate for respondent nos.2 and 3
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CORAM : SMT. VASANTI A NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 03.08.2016
ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.)
Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Counsel for the parties.
By this petition, the petitioner seeks a direction against the respondent nos.2 and 3 to protect the services of the petitioner on the ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:30:29 ::: wp2221.16.odt 2 post of Livestock Supervisor, in view of the judgment of the Full Bench, reported in 2015 (1) Mh.L.J. 457.
The petitioner was appointed on the post of Livestock Supervisor by the Zilla Parishad, Amravati on 10.5.1990, on a post earmarked for the Vimukta Jatis. The petitioner had claimed to belong to 'Rajput Bhamta' Vimukta Jati and the caste claim of the petitioner was referred to the Scrutiny Committee for verification. The Scrutiny Committee has invalidated the caste claim of the petitioner by the order dated 1.4.2016. The petitioner has not challenged the order of the Scrutiny Committee and is only seeking the protection of his services by giving up his caste claim.
The learned Counsel for the petitioner states that the petitioner was appointed before the cut off date in the year 1990 and there is no observation in the order of the Scrutiny Committee that the petitioner had manipulated the documents and/or had fabricated the same with a view to secure the benefits meant for the 'Rajput Bhamta' Vimukta Jati. It is stated that the caste claim of the petitioner is invalidated as the petitioner could not prove the same on the basis of the documents and the affinity test. It is stated that since both the conditions, that are required to be satisfied while seeking the protection of services, stand satisfied in the case of the petitioner, the respondent nos.2 to 3 may ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:30:29 ::: wp2221.16.odt 3 be directed to protect the services of the petitioner on the post of Livestock Supervisor.
Ms Kaliya, the learned Assistant Government Pleader appearing for the respondent nos.1 and 4 and the learned Counsel for the respondent nos.2 and 3 do not dispute that the petitioner was appointed before the cut off date. It is, however, stated on behalf of the respondents that there are some observations in the order of the Scrutiny Committee that the inward numbers of some of the documents tendered by the petitioner do not tally with the originals. It is stated that an appropriate order may be passed, in the circumstances of the case.
We had called for the original record and proceedings to consider whether the petitioner had, by any chance, played fraud while securing the benefits meant for the 'Rajput Bhamta' Vimukta Jati. We have perused the documents placed by the petitioner before the Scrutiny Committee and the remarks of the Vigilance Cell. We find that earlier in some of the caste columns in the documents pertaining to the petitioner, the caste was recorded as Gujar, subsequently, officially, through the authorities, that are empowered to effect the change in the entries in the school admission registers, entry 'Gujar' is changed to entry "Rajput Bhamta". When the entry is changed by taking recourse to the procedure prescribed by law, it cannot be said that the petitioner had fraudulently ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:30:29 ::: wp2221.16.odt 4 secured the benefits meant for the 'Rajput Bhamta' Vimukta Jati. We find that the caste claim of the petitioner is invalidated mainly because the petitioner was not able to prove the same on the basis of the documents and the affinity test. Since we do not find that the petitioner had played fraud while seeking the benefits meant for the 'Rajput Bhamta' Vimukta Jati, we are inclined to grant protection to the services of the petitioner as he was appointed before the cut off date in the year 1990. Since the petitioner has given up his caste claim, we intend to protect the services of the petitioner.
Hence, for the reasons aforesaid, the writ petition is allowed. The respondent nos.2 and 3 are directed to protect the services of the petitioner on the post of Livestock Supervisor on the condition that the petitioner furnishes an undertaking in this Court and before the respondent nos.2 and 3 within a period of four weeks that neither the petitioner nor his progeny would claim the benefits meant for the 'Rajput Bhamta' Vimukta Jati, in future.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Wadkar
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C E R T I F I C A T E
I certify that this judgment uploaded is a true and correct copy of original signed judgment.
Uploaded by : S.S. Wadkar, P.S. Uploaded on : 05/08/2016 ::: Uploaded on - 05/08/2016 ::: Downloaded on - 06/08/2016 00:30:29 :::