In a writ petition challenging the rejection of Scheduled Tribe status, the Court accepted the petitioner's affidavit undertaking not to claim benefits. With pension issues resolved, the rule was discharged without costs, noting pension rights depend on completed service under interim orders.
Rule discharged; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SKN
1/3 4206.01-wp.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO. 4206 OF 2001
Shri Sunil Shankar Jakkal. … Petitioner. V/s. State of Maharashtra and others. … Respondents.
Mr.S.V.Sadavarte for the petitioner.
Mrs.R.A.Salunkhe, AGP for respondent Nos.1 to 4.
CORAM : A.S.OKA & SANDEEP K. SHINDE, JJ. DATE : 13th December 2018.
ORAL JUDGMENT: (Per A.S.Oka, J.)
The learned counsel appearing for the petitioner has tendered an affidavit of the petitioner dated 13th December 2018. The affidavit is taken on record and marked as “A-1” for identification.
SKN 2/3 4206.01-wp.doc
Committee, the fourth respondent issued a notice to the petitioner to show cause as to why his employment should not be terminated. On 24th September 2001, rule was issued by this Court and interim relief was granted whereby execution of the order of the Caste Scrutiny Committee was stayed and the petitioner was allowed to continue in service. The petitioner attained age of superannuation on 30th April 2012. Thus, the petitioner’s employment continued till 30th April 2012.
4. Accordingly, we pass the following order:
SKN
3/3 4206.01-wp.doc
said affidavit. Copies of the affidavits of the said family members shall be supplied to the learned AGP. If affidavits are not filed by all the family members within the stipulated time, the Registrar (Judicial-I) shall place the petition before appropriate Bench for direction;
(SANDEEP K. SHINDE, J.) (A.S.OKA, J.)
3 issues framed by the court
Whether the petition challenging the rejection of the petitioner's Scheduled Tribe claim should be entertained given his undertaking not to claim benefits.
Whether the petitioner is disentitled to pension based on the impugned order from the Caste Scrutiny Committee.
What relief should be granted regarding the petition.
1 provisions across 1 enactments
Sunil Shankar Jakkal
State of Maharashtra
A.S. Oka
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
