Allowed

Nagnath Tulshiram Kamble v. the State of Maharashtra and Others

Bombay HC24 Nov 2014WP/6825/2013

Case brief

AI extract

What is this about?

The High Court held that the Scrutiny Committee erred in invalidating the Petitioner's caste claim of 'Khatik' due to the absence of pre-1950 records, setting aside the order for invalidation and reinstating the Petitioner to his original post without back wages.

What did the court decide?

The impugned order of the Scrutiny Committee was quashed; the caste validity certificate was directed to be issued; and the petitioner was ordered to be reinstated to his original post without back wa

Nagnath Tulshiram Kamble Vs the State of Maharashtra and… — Caste Atrocities | Bombay HC (2014)

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE, BENCH AT AURANGABAD

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WRIT PETITION NO.6825 OF 2013

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Nagnath S/o Tulshiram Kamble Vs. The State of Maharashtra and others.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's orders

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Mr.H.V.Patil, advocate for the petitioner. Mr.K.G.Patil, Addl. Govt.Pleader for the State. Mr.D.S.Bagul, advocate for Respondent No.3.

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CORAM : S.V.GANGAPURWALA & V.K.JADHAV, JJ. Date : 24.11.2014.

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PER COURT :

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Heard.

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Mr.Patil, learned counsel submits that the School record of

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the petitioner consistently shows the caste as 'Khatik'. According to the learned counsel, even the father of the petitioner is issued caste certificate as belonging to 'Khatik' in the year 1980. The second cousin of the petitioner is also granted validity certificate in respect

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of his caste as 'Khatik', still, only on the ground that there is no old record, the Committee has invalidated the caste claim of the petitioner.

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Mr.Patil, learned Addl.Govt. Pleader submits that the caste certificate has been issued to the father of the petitioner on the basis of affidavit. There is no old record suggesting the caste of the petitioner as Khatik. The second cousin has been issued validity, however, what is the evidence considered is not on record. In many of the persons, School record relied by the petitioner, the relationship is not proved. According to learned Addl. Govt. Pleader the Committee after considering the entire record and the Vigilance has rightly negatived the claim.

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We have heard Mr.Bagul, learned counsel for the employer.

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We have perused the record produced by the learned Addl.

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Govt. Pleader of the validation proceedings. On perusal of the record, it is crystal clear that there is not a single contra evidence on record. The School record of the petitioner since 1993 consistently records the caste as 'Khatik”. Even the father of the petitioner is issued caste certificate in the year 1980 as belonging to Khatik caste. The second cousin of the petitioner is issued validity certificate in respect of his caste claim as Khatik. The relationship has been established. Only on the ground that there is no old record available prior to 1950, has negatived the claim. The Committee ought to have considered the available record which is in existence since 1980, more particularly, the fact that there is no contra evidence of any sort.

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Considering the aforesaid consistent record in favour of the petitioner, the father of the petitioner, the validity in favour of the cousin of the petitioner and even the death certificate of the grand father of the year 1998, showing the caste 'Khatik', we are inclined to set aside the judgment of the Committee.

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After the judgment is delivered by the Committee, the petitioner is terminated by the Respondent No.3 on the ground that his caste claim is invalidated. In view of the fact that the said judgment is set aside, the Respondent No.3 needs to be directed to reinstate the petitioner. However, the petitioner can not have the benefit of back wages as petitioner was dismissed from service pursuant to the orders of the Scrutiny Committee.

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In light of the above, we pass the following order : a) The impugned order passed by the Scrutiny Committee is quashed and set aside. The Respondent No.2 Committee shall issue validity certificate to the petitioner in respect of his Khatik caste. The order of termination issued by the Respondent No.3 dated 11.6.2013 is quashed and set aside. The petitioner shall be reinstated to his original post in the same capacity, he was working prior to termination, however, will not be entitled for back wages and shall be paid wages/salary since the date of his joining. The petitioner will have benefit of continuity.

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b) The Writ Petition is accordingly disposed of. No costs.

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

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Dt.24.11.2014. asp/office/wp6825.13

Nagnath Tulshiram Kamble v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Nagnath Tulshiram Kamble v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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