Allowed¶24

Rajendra S/O Kishor Mahindre v. the State of Maharashtra, Thr. Principal Secretary, Social Justice Dept. Mumbai and Others

Bombay HC29 Sept 2025CAW/423/2025

Case brief

AI extract

What is this about?

Banjari VJ(A) caste claim validated; termination following caste invalidation held non est; reinstatement as Fireman with continuity of service; no back wages; Fire Department Mumbai / Chief Fire Officer; District Caste Certificate Scrutiny Committee Yavatmal; representations unanswered; CAW No. 423 of 2025 in Writ Petition No. 4683 of 2018; Bombay High Court Nagpur Bench; decided 29th September 2025.

What did the court decide?

Restoration of services and reinstatement of the petitioner on the post of 'Fireman' with continuity of service, within two weeks; no back wages from the date of termination till reinstatement. ¶24

Rajendra S/O Kishor Mahindre Vs the State of Maharashtra, Thr. Principal Secretary, Social Justice Dept. Mumbai and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration of services and reinstatement of the petitioner on the post of 'Fireman' with continuity of service, within two weeks; no back wages from the date of termination till reinstatement.

¶24

Issue for consideration

Whether the petitioner, whose caste claim has been validated after the earlier invalidation was set aside, is entitled to restoration of services and reinstatement with respondent No.3 notwithstanding his termination on the ground of caste invalidation. +1 more

¶14

Court's answer

When the ground for termination is invalidation of caste, which no longer exists in view of the validation of the petitioner's caste claim, the order of termination becomes non est.

¶21

Ratio / Principle

Respondent No.3 – Fire Department, Mumbai, through its Chief Fire Officer, is directed to restore the services of the petitioner and reinstate him in service on the post of 'Fireman' with continuity of service.

¶25

Key takeaways

Reinstatement of the petitioner is to be effected within a period of two weeks.ratio¶28
The petitioner is not entitled to any claim of back wages from the date of termination till his reinstatement.ratio¶27

Detailed headnote1 paragraphs

Civil Application allowed. The petitioner ('Banjari' VJ(A)), appointed as Fireman, was terminated on 10/8/2018 after the District Caste Certificate Scrutiny Committee, Yavatmal invalidated his caste claim on 29/06/2018; Writ Petition No.4683/2018 was decided on 12/12/2022 setting aside the invalidation and directing a fresh decision, whereupon the Scrutiny Committee issued a Caste Validity Certificate. Held: since the ground for termination (invalidation of caste) no longer exists in view of the validation of the caste claim, the order of termination becomes non est; respondent No.3 – Fire Department, Mumbai, through its Chief Fire Officer, is directed to restore the petitioner's services and reinstate him on the post of 'Fireman' with continuity of service within two weeks, without any claim of back wages from the date of termination till reinstatement.

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2025:BHC-NAG:10260-DB

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1 2-CAW No.423.2025

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CIVIL APPLICATION (CAW) NO. 423 OF 2025 IN

¶5

WRIT PETITION NO. 4683 OF 2018

¶6

Rajendra Kishor Mahindre

¶7

..VS..

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State of Maharashtra and others

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. R. S. Parsodkar, Advocate for the applicant. Ms. Kavita Bhondge, AGP for respondent/State. Mrs. Reshma R. Hiranwar, Advocate for respondent No.3.

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CORAM : SMT. M.S. JAWALKAR, AND RAJ D. WAKODE, JJ.

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DATED : 29th SEPTEMBER, 2025

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Heard learned Counsel for the applicant and learned Counsel for the respondent No.3.

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Present application is filed for issuance of directions to the respondent No.3 to restore the services of the petitioner.

¶15

The petitioner belongs to “Banjari” Caste VJ(A) at serial No.7(s) in the State Government Resolution dated 21/11/1961. The Caste Certificate of “Banjari” VJ(A) is issued in favour of the petitioner on 13/12/2016. He came to be appointed after due procedure on the post of ‘Fireman’ in the Fire Department. The caste claim of the

¶16

2 2-CAW No.423.2025

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petitioner was referred to the District Caste Certificate Scrutiny Committee, Yavatmal. Though initially the caste claim of the petitioner was invalidated on 29/06/2018, the said invalidation was challenged before this Court by filing a Writ Petition No.4683/2018. Since the caste claim of the petitioner was invalidated by the Scrutiny Committee, his services came to be terminated by respondent No.3 without considering pendency of Writ Petition No.4683/2018. The Writ Petition No.4683/2018 came to be decided on 12/12/2022 and this Court set aside the order of invalidation as the Committee has not considered the oldest documents and directed the Scrutiny Committee to decide the caste claim of the petitioner afresh on its own merits. Thereafter, the Caste Scrutiny Committee validated the caste claim of the petitioner and issued a Caste Validity Certificate to the petitioner of “Banjari” VJ(A).

¶18

In view of the validation of caste claim of the petitioner, he make a representation on 13/02/2023 to the respondent No.3 to restore his services and reinstate him. Thereafter also various representations were made however, none of these representations were replied by the respondent No.3.

¶19

In reply to this application, the respondent No.3 submitted that there is no such policy for restore the services or reinstate. It is submitted that the Chief Fire

¶20

3 2-CAW No.423.2025

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Officer has now on 18/09/2025 moved the proposal for reconsidering the petitioner in the service for the post of ‘Fireman’. The decision on the said proposal is awaited and same is expected to be received within 12 weeks. It is also submitted that he will be granted a new appointment on probation period of three years. In our considered opinion when the ground for termination is invalidation of caste, which does not exist in view of the validation of the caste claim of the petitioner, the order of termination become non est. Even when passing order in Writ Petition No.4683/2018, this Court observed in para 8 as under :

¶22

“8. The services of the Petitioner were terminated on 10/8/2018. The Petitioner is free to take steps as permissible for seeking relief relating to his service, which is dependent upon the outcome of the final decision of the Scrutiny Committee.”

¶23

In view of this, we pass the following order :

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(i) The Civil Application is allowed.

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(ii) The respondent No.3 – Fire Department, Mumbai through its Chief Fire Officer, is hereby directed to restore the services of the petitioner and reinstate him in service on the post of ‘Fireman’ with continuity of service, however, the petitioner is not entitled for any claim of

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4 2-CAW No.423.2025

¶27

back wages since the date of termination till his reinstatement.

¶28

(iii) The respondent No.3 – Fire Department, Mumbai through its Chief Fire Officer, is hereby directed to reinstate the petitioner within a period of two weeks.

¶29

The Civil application stands disposed of in the above terms.

¶30

(RAJ D. WAKODE, J.) ( SMT. M.S. JAWALKAR, J.)

¶31

Kirtak

Procedural history

How this case reached the court

AI extract

Order under challenge
Termination of the petitioner's services by respondent No.3 following invalidation of his caste claim by the Scrutiny Committee, effected without considering the pendency of Writ Petition No.4683/2018.¶22
Respondent No.3 – Fire Department, Mumbai (through its Chief Fire Officer) · 10/8/2018
Prior proceeding
Caste claim of the petitioner ('Banjari' VJ(A)) was invalidated by the District Caste Certificate Scrutiny Committee, Yavatmal on 29/06/2018.¶17
Prior proceeding
Writ Petition No.4683/2018 (challenging the invalidation) was decided by this Court on 12/12/2022, setting aside the order of invalidation.¶17
Prior proceeding
This Court directed the Scrutiny Committee to decide the caste claim of the petitioner afresh on its own merits (the Committee had not considered the oldest documents).¶17
Prior proceeding
The Caste Scrutiny Committee thereafter validated the caste claim and issued a Caste Validity Certificate of 'Banjari' VJ(A) to the petitioner.¶17
Prior proceeding
On validation of his caste claim, the petitioner made representations to respondent No.3 (first on 13/02/2023) seeking restoration of services and reinstatement; none of the representations were replied to.¶18
Prior proceeding
In reply to the application, respondent No.3 submitted that there is no policy for restoring services or reinstatement.¶19
Prior proceeding
The Chief Fire Officer moved a proposal on 18/09/2025 for reconsidering the petitioner in service for the post of 'Fireman'.¶21
Prior proceeding
Decision on the Chief Fire Officer's proposal was stated to be awaited and expected within 12 weeks.¶21
Prior proceeding
Respondent No.3 submitted that the petitioner would be granted a new appointment on a probation period of three years.¶21
Prior proceeding
In Writ Petition No.4683/2018 (para 8), this Court had observed that the petitioner was free to take steps for service-related relief, dependent upon the outcome of the Scrutiny Committee's final decision.¶22

Rajendra S/O Kishor Mahindre v. the State of Maharashtra, Thr. Principal Secretary, Social Justice Dept. Mumbai and Others

Case brief

What is this about?

What did the court decide?

Rajendra S/O Kishor Mahindre v. the State of Maharashtra, Thr. Principal Secretary, Social Justice Dept. Mumbai and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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