Writ Petition No. 828 of 2021 · Bombay High Court
Case Details
(1) wp828.21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 85 WRIT PETITION NO.828 OF 2021 Purushottam S/o. Waman Kohad, Age-48 years, Occu-Service, R/o. Plot No. 105, Jayshreeram Residency, Gajanan Nagar, New Narsala Road, Behind Besa Power Station, Nagpur-34 ...PETITIONER 1. 2. 3. VERSUS The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Chief Administrative Officer, Maharashtra Jeevan Pradhikaran, CIDCO Bhavan, 2nd Floor, South Block, Belapur, Navi Mumbai-400 614 The Member Secretary, Maharashtra Jeevan Pradhikaran, 4th Floor, Express Tower, Nariman Point, Mumbai-400 021 Mrs. Preeti Rane, Advocate for the petitioner AND 86 WRIT PETITION NO.8345 OF 2021 Arun Damduji Kochare, Age-49 years, Occu-Service, R/o. Quarter No. C-27/4, Ravi Nagar, Nagpur VERSUS ...PETITIONER 1. The Vice-Chairman, Member-Secretary, Scheduled Tribe Caste Certificate, ...RESPONDENTS 1 of 16 (2) wp828.21.odt Scrutiny Committee, Adiwasi Vikas Bhavan, Giripeth, Nagpur The Joint Secretary, Law and Judiciary Department, Nagpur The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumabai-32 2. 3. Mrs. P. D. Rane, Advocate for the petitioner AND 87 WRIT PETITION NO.13275 OF 2021 Vinayak Raghunath Arage Age-50 years, R/o. Ganesh Nagar, Shirol, Near Pani Taki, Kolhapur VERSUS ...PETITIONER 1. The State of Maharashtra, ...RESPONDENTS Through Its Secretary, General Administration Department, Mantralaya, Mumabai-400 032 2. The Collector, Kolhapur,
Legal Reasoning
Mr. Ramchandra K. Mendadkar, Advocate for the petitioner AND 90 WRIT PETITION NO.13484 OF 2021 Ramchandra Vitthal Koli, Age-48 years, Occu-Service, R/o. Post Sankh, Tq. & Dist. Sangli VERSUS ...PETITIONER 1. State of Maharashtra, ...RESPONDENTS 2 of 16 (3) wp828.21.odt Through its Secretary, General Administration Department, Mantralaya, Mumbai 400 032 2. Maharashtra State Road Transport Corporation, through its Divisional Controller, State Transport, Sangli having its Office at Departmental Office, Shastri Chowk, Sangli-Kolhapur Road, Sangli-416 416 Mr. Ramchandra K. Mendadkar, Advocate for the petitioner AND 91 WRIT PETITION NO. 1010 OF 2022 ...PETITIONER ...RESPONDENTS Nita Yashwant Zanjad @ Nita Naresh Mahajan, Age-54 years, Occu-Service, R/o. Samta Nagar, Buldhana, Tq. & Dist. Buldana VERSUS 1. 2. The State of Maharashtra, General Administration Department, Mantralaya, Mumbai-32. Through Its Principal Secretary The Chief Executive Officer, Zilla Parishad, Buldana, Tq. & Dist. Buldana Mr. Sushant C. Yeramwar, Advocate for the petitioner AND 95 WRIT PETITION NO. 1630 OF 2022 1. Vijay Narayanrao Kumeriya, Age-49 years, Occu-Service, (Gram Sevak), R/o. Panwadi, At Post Khangaon, Tq. Katol, Dist. Nagpur ...PETITIONER 3 of 16 (4) wp828.21.odt 1. 2. 3. VERSUS State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumabai-32 ...RESPONDENTS The Chief Executive Officer, Zilla Parishad, Bhandara, Block Development Officer, Panchayat Samiti Tumsar, Zilla Parishad Bhandara, Dist. Bhandara Mr. Swapnil B. Joshi, Advocate for the petitioner AND 96 WRIT PETITION NO. 1631 OF 2022 ...PETITIONER Sanjay Vasant Sonune, Age-51 years, Occu-Service, Assistant Teacher, R/o. At Post Dongar Shevali, Tq. Chikhali, Dist. Buldhana VERSUS 1. 2. 3. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana 4 of 16 (5) wp828.21.odt Mr. S. B. Joshi, Advocate for the petitioner AND 97 WRIT PETITION NO. 1632 OF 2022 ...PETITIONER Baliram Wasudeo Tayade, Age-45 years, Occu-Service, Assistant Teacher, R/o. At Post Nandrakoli, Dist. Buldhana VERSUS 1. 2. 3. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Khamgaon, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner AND 98 WRIT PETITION NO. 1633 OF 2022 Archana Vishwanath Barale (After Marriage Mrs. Archana Ajay Naidu) Age-45 years, Occu-Service, Assistant Teacher, R/o. 13B, Sukhakarta Prime City, Behind Vasantprabha Nursing College, Khonde Wadi, Chikhalie Road, Buldhana ...PETITIONER VERSUS 1. The State of Maharashtra, ...RESPONDENTS 5 of 16 (6) wp828.21.odt Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 2. 3. The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Buldhana, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner AND WRIT PETITION NO. 1635 OF 2022 Samadhan Sitaram Pawar, Age-53 years, Occu-Service, Assistant Teacher, R/o. Datta Colony, Jatkar Layout, Bodtha Road, Sundarkhed, Tq. & Dist. Buldhana ...PETITIONER 1. 2. 3. VERSUS The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Khamgaon, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner 6 of 16 (7) wp828.21.odt AND 100 WRIT PETITION NO. 1636 OF 2022 ...PETITIONER Umesh Mahadeo Rane, Age-45 years, Occu-Service, Assistant Teacher, R/o. At Post Sonala, Tq. Sangrampur, Dist. Buldhana VERSUS 1. 2. 3. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Sangrampur, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner AND 101 WRIT PETITION NO. 1637 OF 2022 Samadhan Dashrath Irale, Age-51 years, Occu-Service, Assistant Teacher, R/o. Utrada, Tq. Chikhali, Post Peth, Dist. Buldhana VERSUS ...PETITIONER 1. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS 7 of 16 (8) wp828.21.odt 2. 3. The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner AND 102 WRIT PETITION NO. 1640 OF 2022 Swati Sunil Dhore, Maiden Name Ku. Swati Jagannath Adbol, Age-47 years, Occu-Service, Assistant Teacher, R/o. Jaiprabha Colony, Behind Telecom Colony, Akoli Road, Amravati ...PETITIONER 1. 2. 3. 4. ...RESPONDENTS VERSUS State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumabai-32 The Education Officer (Secondary), Zilla Parishad, Amravati Maratha Shikshan Sanstha, Amravati, Sharda Nagar, Amravati Through its President Sharda Kanya Vidyalaya, Sharda Nagar, Shikshan Colony, Bhatkuli, D. P. Road, Near Dream’s Park, Amravati, Through its Principal Mr. S. B. Joshi, Advocate for the petitioner 8 of 16 (9) wp828.21.odt AND 103 WRIT PETITION NO. 1641 OF 2022 Chandrakant Pandurang Suradkar, Age-46 years, Occu-Service, Assistant Teacher, R/o. Deendayal Nagar, Ward No. 12, Post Chikhali, Tq. Chikhali, Dist. Buldhana ...PETITIONER 1. 2. 3. VERSUS The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner AND 104 WRIT PETITION NO. 1643 OF 2022 Ishwar Eknath Khawale, Age-45 years, Occu-Service, Assistant Teacher, R/o. Hansraj Nagar, Shegaon Road, Khamgaon, Dist. Buldhana ...PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS 9 of 16 (10) wp828.21.odt 2. 3. The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Sangrampur, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner AND 105 WRIT PETITION NO. 1644 OF 2022 ...PETITIONER Sunil Raghunath Ingale, Age-47 years, Occu-Service, Assistant Teacher, R/o. Bhankheda, Post Kolara, Tq. Chikhali, Dist. Buldhana VERSUS 1. 2. 3. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Chief Executive Officer, Zilla Parishad, Buldhana, Block Education Officer, Panchayat Samiti Chikhali, Zilla Parishad Buldhana, Dist. Buldhana 4. The Education Officer (Primary), Zilla Parishad, Buldhana Mr. S. B. Joshi, Advocate for the petitioner AND 107 WRIT PETITION NO. 4118 OF 2022 10 of 16 (11) wp828.21.odt Sanjay Sadashiv Chachane, Age-51 years, Occu-Service, R/o. Plot No. 50, Chutke Layout, Maregaon, Dist. Yavatmal 445 303 ...PETITIONER ...RESPONDENTS VERSUS The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya Mumbai-32 The Chief Executive Officer, Zilla Parishad, Yavatmal The Education Officer (Primary) Zilla Parishad, Yavatmal 1. 2. 3. Smt. Preeti Rane, Advocate for the petitioner AND 108 WRIT PETITION NO. 4580 OF 2022 Shreedhar Parashram Vankore, Age-58 years, Occu-Service, R/o. SF-9, Shreepati Apartment, 1757-E, Rajarampuri 4th Lane Opposite Blackbery, Showroom Rajarampuri, Kolhapur, Tq. & Dist. Kolhapur ...PETITIONER VERSUS 1. 2. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai The Divisional Controller, Maharashtra State Road Transport, corporation, Kolhapur Division, Kolhapur, Tq. & Dist. Kolhapur ...RESPONDENTS Mr. Pratap V. Jadhavar, Advocate for the petitioner 11 of 16 (12) wp828.21.odt Mr. K. N. Lokhande, AGP for the State in respective matters Mr. P. S. Patil, AGP for the State in the respective matters AND WRIT PETITION NO. 4588 OF 2022 Moreshwar Mukunda Karmarkar, Age-57 years, Occu-Service, R/o. Vasundhara Nagar, Old Bus Stop, Nagbhid, Tq. Nagbhid, Dist. Chandrapur ...PETITIONER 1. 2. 3. VERSUS The State of Maharashtra, General Administration Department, Mantralaya, Mumbai-32 ...RESPONDENTS The Joint Director, Vocational Education & Training Regional Office, Civil Lines, Nagpur, Dist. Nagpur, The Secretary, Janta Education society, Nagbhid, Tq. Nagbhid, Dist. Chandrapur Mr. Sushant C. Yeramwar, Advocate for the petitioner AND 106 WRIT PETITION NO. 1674 OF 2022 Ashok Nagorao Mekewad, Age-57 years, Occu-Service, R/o. At Kolwadi, Post-Sailu (Pendu), Tq. Palam, Dist. Parbhani ...PETITIONER VERSUS 1. The State of Maharashtra, General Administration Department, ...RESPONDENTS 12 of 16 (13) wp828.21.odt Mantralaya, Mumbai-32 Through its Principal Secretary, 2. The Divisional Controller, Maharashtra State Road Transport Corporation Ltd. Parbhani Division, Parabhani. Mr. Sushant C. Yeramwar, Advocate for the petitioner Mr. A. R. Kale, AGP for the respondent/State CORAM : R. D. DHANUKA & S. G. MEHARE, JJ. DATE : 25th April, 2022 JUDGMENT: 1. Writ Petition No. 4588 of 2022 is not on board. Upon mentioning taken on board. 2. Rule. Rule made returnable forthwith. The learned AGP waives service of notice for the respondent. 3. This court after hearing the learned counsel for the parties issued various directions. This court directed the learned AGP to verify whether these matters which are on board today are covered by the judgment delivered by the Division Bench of this Court on 04-05-2021 in writ petition No. 903 of 2020 and other connected matters in the case of Raja Tukaram Shinde Vs the State of Maharashtra and others. 13 of 16 (14) wp828.21.odt 4. In the operative part of the said order this court held that the Government Resolution dated 21-12-2019 shall be read in a manner “not to include the employees whose tribes claims are invalidated, but are granted protection in employment under the judgments/orders of this court and the said judgments/orders have attained the finality”. This court accordingly quashed and set aside the impugned communications placing the petitioners on supernumerary posts and allowed such petitions. 5. The learned AGP for the State on instructions states that the petitions at Sr. Nos. 85,86,87,90,91,95,105 and 107 and 108 are covered by the judgment delivered by this court. Both the parties jointly state that this court thus need not record reasons in this order. Statement is accepted. 6. The learned AGP states that against the judgment delivered on 04-05-2021 in the case of Raja Tukaram Shinde (supra) some of the respondents Management as well as the State Government have filed special leave petition before the Hon’ble Supreme Court. Statement is accepted. 7. It is not in dispute that the judgment of this court delivered on 04-05-2021 in the case of 14 of 16 (15) wp828.21.odt Raja Tukaram Shinde and others has not been stayed by Hon’ble Supreme court till date. 8. A perusal of the prayers in the writ petitions indicates that reliefs are sought against the State Government impugning the validity of the Government Resolution dated 21-12-2019. The State Government is duly represented by the learned AGP in all these matters. In view of the decision of this court dated 04-05-2021 in the case of Raja Tukaram Shinde (supra) all these petitions in so far as the seeks relief against the Government Resolution dated 21-12-2019 is concerned, these petitions can be
Decision
disposed of by following the said judgment delivered by this court. 9. We accordingly, pass the following order: a] The Government Resolution dated 21-12- 2019 shall be read in manner “not to include the employees whose tribes claims are invalidated, but are granted protection in employment under the judgments/orders of this court and the said judgments/orders have attained the finality”. b] It is made clear that in view of this court declaring that the Government 15 of 16 (16) wp828.21.odt Resolution dated 21-12-2019 shall not include the employees whose tribes claims are invalidated but are granted protection in employment under the judgment and order and the said judgment order had obtained finality, communication if any issued by the Management based on the said Government Resolution dated 21-12-2021 would not be survive. 10. The writ petitions are allowed in aforesaid terms. Rule is made absolute. No orders as to costs. 11. Parties to act upon authenticated copy of this order. [S. G. MEHARE, J.] [R. D. DHANUKA, J.] VishalK/wp828.21.odt 16 of 16