The court directed the STCSC to decide the petitioner's Scheduled Tribe claim by 30/04/2019 and allowed him to appear on 14/11/2018, prohibiting coercive service action until the claim is resolved.
Directed STCSC to decide tribe claim by 30/04/2019; no coercive steps against petitioner.
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.
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1 901.8257.16 wp.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8257 OF 2016
Jidnyasa Bhaskar Shinde .....Petitioner
V/s.
State of Maharashtra through Secretary .....Respondents and others
Mr. R. K. Mendadkar for the Petitioner Mrs. M. P. Thakur AGP for Respondent nos. 1 & 2 State
CORAM : R. M. SAVANT &
NITIN W. SAMBRE, JJ.
DATE : 31st OCTOBER, 2018.
P.C.
The Petitioner by way of the above Petition seeks a direction that the Respondent no. 2 Scheduled Tribe Certificate Scrutiny Committee ('STCSC' for short) be directed to decide the tribe claim of the Petitioner within a particular time frame. The Petitioner was appointed as 'Junior Assistant' on contract basis for a period of three years vide appointment letter dated 29/01/2016. In terms of
2 901.8257.16 wp.doc
the said appointment letter, the Petitioner was required to produce the caste validity certificate within the time stipulated in the said letter. There can be no dispute about the fact that the Petitioner's caste certificate as belonging to 'Thakur' Scheduled Tribe has been referred to STCSC which fact is evidenced by the letter dated 29/01/2016 addressed by the Superintending Engineer of the Respondent no. 3 to the STCSC. It is also undisputed position that the proceedings relating to tribe claim of the Petitioner are as yet pending. None appears for Respondent no. 3 i.e. the employer of the Petitioner, though served.
2 In view of the fact that the Petitioner's continuance in service would hinge upon the decision that would be rendered by the STCSC, we direct the STCSC to adjudicate upon the Petitioner's tribe claim latest by 30/04/2019 by giving proper opportunity to the Petitioner. Petitioner to appear before the STCSC on 14/11/2018 and STCSC thereafter to decide the tribe claim of the petitioner within the time stipulated by the instant order. Until the Petitioner's tribe claim is decided, no coercive steps be taken against the
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Petitioner in respect of his service on the ground that the Petitioner has not produced the caste validity certificate.
of.
[NITIN W. SAMBRE, J.] [R. M. SAVANT, J.]
1 issue framed by the court
Whether a specific time frame should be directed for the Scheduled Tribe Certificate Scrutiny Committee to adjudicate the petitioner's tribe claim pending continuance in service.
Jidnyasa Bhaskar Shinde
State of Maharashtra
R. M. Savant
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
