Disposed

Sarla Late Shivdas Jayram Kakulte v. the State of Maharashtra General Administration Dept. and Ors.

Bombay HC1 Mar 2023WP/4530/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the Zilla Parishad to release family pension and retirement benefits to the deceased driver's wife within four months, considering the caste certificate of his paternal cousins as prima facie valid, while denying compassionate appointment for the petitioner's son due to the lack of a fresh validation order.

What did the court decide?

Respondents directed to consider the petitioner's case for family pension and retirement benefits within four months and dispose of the petition.

Sarla Late Shivdas Jayram Kakulte Vs the State of… — Caste Atrocities | Bombay HC (2023)

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Megha 49_wp_4530_2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4530 OF 2022

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Sarla w/o. Late Shivdas Jayram Kakulte...Petitioner
Versus
The State of Maharashtra and Ors....Respondents

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Mr. Sushant Yeramwar for the Petitioner.
Mr. M.M. Pabale, AGP for Respondent Nos.1 and 2.
Ms Bhairavi Ranpise for Respondent No.3.

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CORAM: S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

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 DATED: MARCH 1, 2023.

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P. C. :-

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1. Rule. Rule is made returnable forthwith. With consent of

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the parties, matter is heard finally.

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2.The Petitioner is the wife of the deceased Shivdas Jayram

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Kakulte. The deceased Shivdas was employed by Respondent No.3-
Zilla Parishad, Nashik. He was appointed by Respondent No.3 as a
driver on 18/08/1997. During the subsistence of service he died on
21/03/2021. The Petitioner filed an application for family pension and
other pensionary benefits on account of death of her husband. The
Petitioner also filed an application seeking compassionate appointment

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Megha 49_wp_4530_2022.doc

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for her son -Rahul Shivdas Kakulte, same is negatived.

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3.It is not disputed that deceased-Shivdas was appointed
from Scheduled Tribe category. The proposal for validation of caste
claim has already been invalidated by the Scrutiny Committee on the
ground that incorrect nomenclature of the caste was mentioned with
the name ‘Mahadev Koli’. According to the Committee same ought to
have been ‘Koli Mahadev’. Keeping the merits open, the validation
proceedings were disposed of. In that case the deceased was required
to obtain fresh caste certificate with the correct nomenclature and
required to submit proposal to the Committee afresh. It is the case of
the Petitioner that order of the Committee was never intimated to the
deceased and first time it was intimated to the Petitioner by letter
dated 29/07/2021. Learned counsel for the Petitioner has placed
reliance upon judgment of Aurangabad Bench of this Court dated
12/08/2010 in Writ Petition No.3718 of 1994.

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4.Learned counsel for Respondent No.3-Zilla Parishad submits
that without validation certificate son of the deceased cannot get
appointment on compassionate ground. As there is no validity
certificate, the Petitioner is not entitled for the benefits claimed.

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Megha 49_wp_4530_2022.doc

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5.Mr. Yeramwar, learned counsel for the Petitioner submits
that paternal cousins-Vilas Pandit Kakulte and Bhagwan Pandit Kakulte
of the deceased were issued validity certificate of ‘Mahadev Koli’,
Scheduled Tribe. School records of the deceased -Shivdas pertaining to
the year 1972 also records caste as ‘Mahadev Koli’.

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6.The fact that the caste claim of the Petitioner is not
invalidated on merits is not disputed. The Committee has refrained
from deciding the caste validation proceedings of the deceased Shivdas
on merits as the caste certificate was with the nomenclature ‘Mahadev

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Koli’ instead of ‘Koli Mahadev’ and the same was received after the
death of Shivdas by the Petitioner (wife of the deceased) by letter
dated 29/07/2021 stating that after the death of the deceased the
validation proceedings cannot be decided. Prima facie the deceased
Shivdas’s relatives are issued validity certificate.

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7.Considering the above, Respondents shall consider the case
of the Petitioner for release of family pension and retirement benefits
within four months. So far as the appointment of the Petitioner’s son

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on the compassionate grounds is concerned, the son would not be

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Megha 49_wp_4530_2022.doc

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entitled to an appointment on compassionate grounds without
confirming validity certificate.

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8. With these observations, petition stands disposed of. Rule

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is made absolute.

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(SANDEEP V. MARNE, J.)

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 (ACTING CHIEF JUSTICE)

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Digitally signed MEGHA by MEGHA SPARAB S Date: 2023.03.06 PARAB 15:15:57 +0530

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Sarla Late Shivdas Jayram Kakulte v. the State of Maharashtra General Administration Dept. and Ors.

Case brief

What is this about?

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Sarla Late Shivdas Jayram Kakulte v. the State of Maharashtra General Administration Dept. and Ors.

Case brief

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What did the court decide?

What the court decided

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