Arun Kochare Vs Joint Secretary WP 337/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

WRIT PETITION NO.337/2015

Arun s/o Damduji Kochare, Aged about 41 years, Occupation: Service, Government Residency, Ravinagar, Nagpur. .. PETITIONER ..

Versus ..

The Joint Secretary, Law and Judiciary Department, Administrative Building, Civil Lines, Nagpur. .. RESPONDENT

Mr. Abhay Sambre, Advocate for Petitioner. Mrs. B.H. Dangre, Government Pleader for Respondent. ... CORAM : B.R. Gavai & Mrs.Mridula Bhatkar, JJ. DATED : January 30, 2015. ORAL JUDGMENT (per B.R. Gavai, J. ) 1. Initially when the matter was called out, the learned Government Pleader has sought time. On the last date itself, we had clarified that since the matter in issue is covered by the judgment of the Full Bench of this Court in the case of Arun V. Sonone vs. State of Maharashtra and others reported in 2015 (1) Mh.L.J. 457, we would not be granting any further time. In that view of the matter, the prayer by the learned Government Pleader for grant of time is rejected. ::: Downloaded on - 31/03/2015 16:54:04 ::: Bombay High Court 2 WP337­15.odt      2. Rule. Rule made returnable forthwith. Heard by consent. 3. The petitioner was appointed as a Lower Grade Stenographer in the office of the Government Pleader, High Court, Nagpur on 24.04.1998 against the post reserved for Scheduled Tribe category. Since the petitioner claims to be belonging to Gond Gowari Scheduled Tribe and since his appointment was against the post reserved for Scheduled Tribe, his claim came to be referred to the Scrutiny Committee. The claim of the petitioner is rejected. 4. In the meantime the petitioner was directed to produce the certificate of belonging to Special Backward Class category. The petitioner has accordingly submitted the validity certificate dated 6.2.2014 certifying that the petitioner belongs to Gowari which is notified as Special Backward Class. 5. Heard Mr. Sambre, learned counsel appearing on behalf of the petitioner and Mrs. Dangre, learned Government Pleader for the respondent. 6. Mr. A.R. Sambre, the learned counsel appearing on behalf of the petitioner submits that in view of the judgment of the Full Bench of this Court in the case of Arun V. Sonone (supra), the petitioner’s services are entitled to be protected. 7. Mrs. B.H. Dangre, learned Government Pleader appearing on behalf of the respondent vehemently opposes the claim of the petitioner. The Full Bench of this Court in the case of Arun V. Sonone (supra) has held that services of all such employees who have been working for long period are entitled to be protected if ::: Downloaded on - 31/03/2015 16:54:04 ::: Bombay High Court 3 WP337­15.odt      there is no finding of fraud in the case of such a person. Admittedly there is no finding of fraud in the case of the petitioner. 8. In that view of the matter, we find that the petition deserves to be allowed and same is allowed. The respondent is directed to protect the services of the petitioner. However, it is made clear that the petitioner would not be entitled to any of the benefits on the basis of his claim of belonging to Scheduled Tribe. The petitioner shall be treated as a candidate of belonging to Special Backward Category. 9. Rule made absolute in the aforesaid terms. No costs. (Mrs. Mridula Bhatkar, J. ) (B.R. Gavai, J.) ... halwai/p.s. ::: Downloaded on - 31/03/2015 16:54:04 :::