Allowed

Ashok Shivaji Mate v. the State of Maharashtra and Another

Bombay HC14 Oct 2021WP/844/2021

Case brief

AI extract

What is this about?

This judgment allowed multiple connected writ petitions regarding employees whose caste claims were invalidated. The Court held that subsequent orders placing these employees on supernumerary posts are invalid once protection in service has been granted and attained finality in earlier litigation.

What did the court decide?

The impugned orders placing the petitioners on supernumerary posts are quashed and set aside.

Ashok Shivaji Mate Vs the State of Maharashtra and… — Service and Employment | Bombay HC (2021)

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WP.844.2021 and others.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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641 WRIT PETITION NO.844 OF 2021

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.	Ashok S/o Shivaji Mate Aged about 53 yrs, Occ. Service, R/o Sainath Nagar, Plot No. 43, Indu Apartment, Nagpur.	… PETITIONER
	VERSUS
1.	The State of Maharashtra, Through its Chief Secretary, General Administration Deptt., Mantralaya, Mumbai-32.
2.	Chief Executive Officer, Zilla Parishad, Nagpur.	… RESPONDENTS
Mr. Mr.	... S. R. Narnaware, Advocate for Petitioner. P. S. Patil, AGP for Respondent/State. …
	AND 766WRIT PETITION NO.3430	OF 2021
.	Mahesh s/o Deorao Bhiwapurkar Aged about 50 years, Occ. Field Officer Maharashtra Pollution Control Board Udyog Bhavan 5^thFloor Civil Lines Nagpur.	… PETITIONER
	VERSUS
1.	Maharashtra Pollution Control Board, Through its Member Secretary, Kalpataru Point, 3^rdand 4^thFloor Opp. PVR Cinema Sion Circle Mumbai.

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2 WP.844.2021 and others.odt

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Administrative Officer Maharashtra Pollution Control Board, Nagpur 5^th Floor Udyog Bhavan Civil Lines Nagpur. 3. State of Maharashtra Through Secretary General Administration Department, Mantralaya, Mumbai. … RESPONDENTS

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Mr. Akshay M. Sudame, Mr. M. M. Sudame, Archita M. Sudame, Advocate for Petitioner. Mr. P. S. Patil, AGP for Respondent/State.

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AND

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769 WRIT PETITION NO.3433 OF 2021

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. Viswajeet Chango Warkhade, Aged about 50 years, Occ: Service, R/o Ward No. 4, Malkapur, Tq. Malkapur, Dist. Buldhana. … PETITIONER VERSUS

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1. The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai – 400032.

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1. The Secretary, Tribal Development Department, Mantralaya, Mumbai 400032.

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1. The Chief Executive Officer, Zilla Parishad, Buldhana. … RESPONDENTS ...

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Mr. Mangesh V. Bute, Advocate for Petitioner. Mr. P. S. Patil, AGP for Respondent/State.

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WP.844.2021 and others.odt

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AND

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786 WRIT PETITION NO.3451 OF 2021

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.	Mohan s/o Govindrao Bhivapurkar, Aged about 55 years, Occupation : Service, R/o. Peth Mangalwari, Umred, Tah. Umred, Dist – Nagpur.	… PETITIONER
	VERSUS
1.	State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai – 400 032.
2.	Zilla Parishad Nagpur, Through its Chief Executive Officer, District – Nagpur.	… RESPONDENTS
Mr. Mr.	... Mangesh V. Bute, Advocate for Petitioner. P. S. Patil, AGP for Respondent/State. …
	AND 1227WRIT PETITION NO.8361	OF 2021
.	Sanjiv Mungutrao Durge, Aged 47 years, Occu. Service, R/o. Kalpana Nagar, New Sonkhas, Mangrulpir, Tah. Mangrulpir, District – Washim.	… PETITIONER
	VERSUS
1.	State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai.

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4 WP.844.2021 and others.odt

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Zilla Parishad Washim, Through its Chief Executive Officer, District – Washim. … RESPONDENTS ... Mr. R. D. Karode, Advocate for Petitioner. Mr. P. S. Patil, AGP for Respondent/State.

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AND

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1228 WRIT PETITION NO.8362 OF 2021

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. Santosh S/o Dhanraj Kadu, Aged : 46 years, Occu. Service, C/o. Zilla Parishad Primary School Chendo, Panchayat Samiti Dharni, District – Amravati. … PETITIONER VERSUS 1. State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai. 2. Zilla Parishad Amravati, Through its Chief Executive Officer, District – Amravati. … RESPONDENTS ... Mr. R. D. Karode, Advocate for Petitioner. Mr. P. S. Patil, AGP for Respondent/State. …

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AND

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1238 WRIT PETITION NO.8375 OF 2021

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. Gajanan S/o Tulshiram Ghuse, Aged : 40 years, Occu. Service as Asst. Teacher, R/o. Nanded Khurd, Post Nanded Bk., Tah. Bhatkuli, District – Amravati. … PETITIONER

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5 WP.844.2021 and others.odt

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VERSUS

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State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai. 2. Zilla Parishad Amravati, Through its Chief Executive Officer, District – Amravati. … RESPONDENTS ... Mr. R. D. Karode, Advocate for Petitioner. Mr. P. S. Patil, AGP for Respondent/State. … AND 1248 WRIT PETITION NO.8391 OF 2021 . Dilip S/o Uttamrao Patkar, Aged : years, Occ. Service, R/o. Jawahar Nagar, Akola, Tq. and District – Akola. … PETITIONER VERSUS 1. State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai. 2. Zilla Parishad, Akola, Through its Chief Executive Officer, Dist. Akola. … RESPONDENTS ... Mr. Ram D. Karode, Advocate for Petitioner. Mr. P. S. Patil, AGP for Respondent/State. …

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WP.844.2021 and others.odt

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AND

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WRIT PETITION NO.868 OF 2021

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. Subhash Bhagwan Suradkar, Aged about 47 years, Occupation : Service, R/o. Kuranwadi, Tq. Jalgaon Jamod, District – Buldhana. … PETITIONER

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	VERSUS
1.	The State of Maharashtra, Through its Secretary, General Administration Department, Mantralaya, Mumbai – 400032.
2.	The Secretary, Tribal Development Department, Mantralaya, Mumbai 400032.
3.	The Chief Executive Officer, Zilla Parishad, Buldhana.
4.	Scheduled Tribe Caste Certificate Scrutiny Committee Division, Nandurbar, Near R.T.O. Officer, Sakri Road, Distt. Nandurbar.	… RESPONDENTS
Mr.	... M. V. Bute, Advocate for Petitioner.
Mr.	P. S. Patil, AGP for Respondent/State.

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CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ. DATE : 14^th October, 2021.

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WP.844.2021 and others.odt

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ORAL JUDGMENT: ( Per S. V. Gangapurwala, J. )

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. Writ Petition No.868 of 2021 is not on board. Upon mentioning, taken on board.

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Rule. Rule returnable forthwith. With the consent, the matters are taken up for final hearing.

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The petitioners are granted protection in service though their claim is invalidated in the earlier writ petitions filed by the petitioners. Now, respondent no. 2 has placed the petitioners on supernumerary post.

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Mr. P. S. Patil, learned AGP accepts notice for respondent/State in all the writ petitions.

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The issue is no longer res-integra in view of the judgment of this Court in Writ Petition No. 903 of 2020 with connected writ petitions dated 04.05.2021. It has been held that, if, the protection in service is granted by this Court upon invalidation of the caste claim, then the employer would not have authority to place

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the employee on supernumerary post. The judgment of this Court granting protection has attained finality.

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8 WP.844.2021 and others.odt

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For the reasons recorded in the judgment dated

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04.05.2021 passed in Writ Petition No. 903 of 2020 with connected writ petitions, the present writ petitions are also allowed. The impugned orders placing the petitioners on supernumerary post are quashed and set aside.

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Rule is accordingly made absolute.

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Writ Petitions accordingly stand disposed of. No costs.

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[ R. N. LADDHA, J. ]

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nga

Ashok Shivaji Mate v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Ashok Shivaji Mate v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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