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Ishwar S/O Kisan Murdakar v. State of Maha., Thr. Education Officer (Secondary), Zilla Parishad, Buldhana and Others

Bombay HC11 Sept 2023WP/1893/2023

Case brief

AI extract

What is this about?

The petitioner, appointed on a Scheduled Tribe reserved post, was treated as holding a supernumerary post vide an order dated 7/12/2022. Relying on prior protection under Writ Petition No.5488/2015 and a precedent bundle, the High Court quashed the impugned order and directed continuation of employment.

What did the court decide?

The order dated 7/12/2022 is quashed and set aside; the petitioner is entitled to continue in employment.

Ishwar S/O Kisan Murdakar Vs State of Maha… — Pension and Retirement Benefits | Bombay HC (2023)

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WP1893.23

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2023:BHC-NAG:13629-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH : NAGPUR

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WRIT PETITION NO.1893 OF 2023

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Ishwar s/o Kisan Murdakar,
aged about 48 years,
occupation : Service,
r/o Raipur, Tahsil and District
Buldhana. ...Petitioner

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- Versus -

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1) State of Maharashtra, through Education Officer (Secondary), Zilla Parishad, Buldhana, Tahsil and District Buldhana.

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2) Shri Shivaji Shikshan Sanstha, Raipur, through President, Tahsil and District Buldhana.

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3) Shri Shivaji Shikshan Sanstha, Raipur, through Secretary, Tahsil and District Buldhana.

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4) Shri Shivaji Shikshan Sanstha, Raipur, through Headmaster, Raipur, Tahsil and District Buldhana. ... Respondents

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Shri M.V. Bute, Advocate for petitioner.

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Ms. N.P. Mehta, Assistant Government Pleader for respondent no.1.
Shri K.P. Mahalle, Advocate for respondent nos.2 to 4.

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 CORAM : A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
 DATED : SEPTEMBER 11, 2023

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WP1893.23

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ORAL JUDGMENT (PER A,S, CHANDURKAR , J.) :

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Rule. Rule is made returnable forthwith. Heard finally with
consent of the learned Counsel for the parties.

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2)The petitioner was appointed on the post of Peon, which was
reserved for members of Scheduled Tribe. The petitioner claimed to
belong to “Mahadeo Koli” (Scheduled Tribe). The tribe claim of the
petitioner, however, came to be invalidated by the Scrutiny Committee on
18/9/2015. The said order was challenged by the petitioner in Writ
Petition No.5488/2015 (Ishwar s/o Kisan Murdakar vs. State of
Maharashtra and others). By the judgment dated 27/10/2015 though the
order passed by the Scrutiny Committee was upheld, the employer
(respondent nos.2 to 4 herein) was directed to protect the services of the
petitioner subject to petitioner submitting an undertaking that he would
not claim benefit of his tribe during the course of employment.
Notwithstanding aforesaid, the petitioner has been issued order dated
7/12/2022 seeking to treat his appointment on a supernumerary post.

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3)The learned Counsel for the parties do not dispute that the
legal issue in this regard has been considered and decided in a bunch of
writ petitions being Writ Petition No.903/2020 (Raja Tukaram Shinde vs.
The State of Maharashtra and another) with connected writ petitions on

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3 WP1893.23

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4/5/2021 at Aurangabad Bench. Since the services of the petitioner have
been protected and Government Resolution dated 21/12/2019, on the
basis of which the order dated 7/12/2022 came to be passed, does not
entitle the employer to place the services of the petitioner on a
supernumerary post, the following order is passed :

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The impugned order dated 7/12/2022 issued by the
respondent no.3 is quashed and set aside. The petitioner is entitled to
continue in employment in the light of protection granted in Writ Petition
No.5488/2015.

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4)Rule is made absolute in the aforesaid terms. No order as to

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costs.

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 JUDGE JUDGE

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khj

Ishwar S/O Kisan Murdakar v. State of Maha., Thr. Education Officer (Secondary), Zilla Parishad, Buldhana and Others

Case brief

What is this about?

What did the court decide?

Ishwar S/O Kisan Murdakar v. State of Maha., Thr. Education Officer (Secondary), Zilla Parishad, Buldhana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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