Allowed

Vilas Gyanoba Karbhari v. the State of Maharashtra and Others

Bombay HC25 Apr 2014WP/2573/2014

Case brief

AI extract

What is this about?

Retired petitioner, a Scheduled Caste librarian, filed a writ petition seeking pension sanction without Caste Validity Certificate. Petitioner offered undertaking waiving all caste benefits except pension. Court allowed petition based on undertaking, directing respondents to process pension without certificate but clarifying petitioner remains subject to other pension criteria.

What did the court decide?

Respondents directed to submit pension proposal and sanction pension without insisting on Caste Validity Certificate, releasing other service benefits similarly.

Vilas Gyanoba Karbhari Vs the State of Maharashtra and Others — Caste Atrocities | Bombay HC (2014)

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WP2573.14.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2573 OF 2014

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VILAS GYANOBA KARBHARI

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age 59 years, Occ. Retired, R/o 17, Basweshvar Colony, Latur Dist. Latur.

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Petitioner

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VERSUS

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1.THE STATE OF MAHARASHTRA Through Secretary of Education Department, Mantralaya, Mumbai.

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The Secretary,

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Mahatma Basveshwar Shikshan Sanstha, Latur Dist Latur.

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The Head Master, Shri Deshi Kendra Vidyalaya, Signal Camp, Latur Dist Latur.

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The Education Officer (Secondary) Zilla Parishad, Latur Dist. Latur.

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The Deputy Director of Education, Latur Dist Latur. Respondents.

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Advocate for Petitioner : Mr. S.M. Vibhute

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AGP for Respondents 1,4 and 5 : Mr. K.J.Ghute Patil Advocate for Respondent 2 : Mr. S.V. Natu

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CORAM : S.S. SHINDE & V.K. JADHAV, JJ.

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Dated: April 25, 2014

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WP2573.14.odt

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ORAL JUDGMENT ( Per S.S.Shinde, J.) :-

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Heard. Rule. Rule is made returnable forthwith.

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Heard finally with the consent of the parties.

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At the outset, the learned counsel appearing for the petitioner has tendered across the bar undertaking of the petitioner stating therein that, the petitioner undertakes that he is waiving all his rights and benefits of Schedule Caste category except his pensionary benefits and also his representatives will not claim any benefits, whatsoever of schedule caste category in future in service or for any other purpose.

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Learned counsel appearing for the petitioner also invited our attention to the Government Resolution dated 30.7.2013 issued by the General Administration Department, Government of Maharashtra which is placed on record at ‘Exh.L’ (page 56) of the compilation of the writ petition, and in particular, clause No.2 of the said Resolution, and submits that, so far employees who belonged to Schedule Caste and who have

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retired up to 30.6.2013 are exempted from submitting caste validation certificate. Therefore, he submits that, in view of the

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3 WP2573.14.odt

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undertaking filed by the petitioner, this petition may be disposed of.

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Since the petitioner has filed undertaking which is already taken on record and fact that petitioner is already retired on super annuation on 31.3.2013 as a librarian, we are inclined to accept the undertaking. Accordingly, in the light of statement in paragraph No.6 of the undertaking the petition is allowed in terms of prayer clause ‘B’ which reads thus :-

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“B). Respondent No. 2 and 3 may kindly be directed to submit pension proposal of the petitioner to respondent no.4 for sanctioning the same and thereupon respondent no.4 and 5 may kindly be directed to sanction the pension proposal of the petitioner without insisting for Caste Validity Certificate of the petitioner and respondent No.2 to 5 may kindly be directed to forward such sanctioned pension proposal of the petitioner to Accountant General Nagpur for release of pensionery benefits of the petitioner and respondents may kindly be release other service benefits without insisting for caste validity certificate of the petitioner.”

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Writ Petition is disposed of accordingly. Rule is made absolute in above terms. However, we make it clear that, in view

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of the undertaking filed by the petitioner, the petitioner is

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WP2573.14.odt

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exempted only from filing caste validation certificate and not from

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any other conditions or criteria for grant of pension / pensionary

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benefits.

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( V.K. JADHAV, J. ) ( S.S. SHINDE, J. )

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aaa/-

Vilas Gyanoba Karbhari v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Vilas Gyanoba Karbhari v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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