Sau. Sangita W/O Ganesh Mauje Vs District Caste Certificate Scrutiny Committee, Gondia Thr. Its Chairman and Another — Bombay HC (2025) — LawSathi Research

Sau. Sangita W/O Ganesh Mauje Vs District Caste Certificate Scrutiny Committee, Gondia Thr. Its Chairman and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the respondent employer for protection of service by reinstatement and posting on a supernumerary post under the Government Resolution dated 18.05.2013; employer to decide the claim within six weeks of receiving the petitioner's request (to be submitted within two weeks); contempt proceedings disposed of; no costs.

Issue for consideration

Whether the petitioner, who has given up the NT-B category claim and holds an OBC validity certificate but was terminated for failure to submit the NT-B validity certificate, is entitled to protection of service on a supernumerary post / reinstatement under the Government Resolution dated 18.05.2013 despite being out of employment. +1 more

Court's answer

Recorded as the factual basis for its direction that the petitioner is out of service, has given up the claim of belonging to NT-B category, and has obtained a certificate of belonging to OBC category.

Ratio / Principle

The Court permitted the petitioner to approach the respondent employer seeking protection of service by way of reinstatement and posting on a supernumerary post based on the Government Resolution dated 18.05.2013 and other documents the petitioner intends to rely upon.

Key takeaways

The petitioner was to submit such request within a period of two weeks, and the employer was to decide the petitioner's claim within a period of six weeks of receiving it.ratio¶8
The writ petition stands disposed of, including pending applications.ratio¶9
Contempt Petition No. 124/2024 is disposed of in view of the aforesaid order.ratio

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Nitin W. Sambre and Mrs. Vrushali V. Joshi, JJ.), by order dated 08/05/2025, disposed of Writ Petition No. 6381/2023 together with Contempt Petition No. 124/2024 (neutral citation 2025:BHC-NAG:5007-DB). The petitioner had entered Zilla Parishad service against a post reserved for NT-B category and suffered termination for failure to submit an NT-B validity certificate; with the category claim undecided before the Committee for about three decades, the petitioner gave up the NT-B claim and obtained an OBC validity certificate. It was also contended that the termination order did not bear the signature of the Chief Officer. Relying on the Government Resolution dated 18.05.2013 concerning protection of service on a supernumerary post, the petitioner sought reinstatement. Without adjudicating these contentions, the Division Bench permitted the petitioner to approach the respondent employer for protection of service/reinstatement and supernumerary posting under the said Resolution and other supporting documents, directed the employer to decide the claim within six weeks of receipt of the request (to be submitted within two weeks), disposed of the contempt proceedings accordingly, and made no order as to costs.

2025:BHC-NAG:5007-DB

1 905.cp.124.24

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

WRIT PETITION NO. 6381/2023 AND

CONTEMPT PETITION NO.124/2024

Sau. Sangita w/o. Ganesh Mauje Vs. M. Muruganantham, Chief Executive Officer, Zilla Parishad, Gondia.

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

- - - - Mr. S.R. Narnaware, Advocate for Petitioner. Mr. I. J. Damle, A.G.P. for Respondent/State.

Mr. K. Y. Kapgate, Advocate for Respondent No.2.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 08/05/2025.

. Heard.

The petitioner entered in the service of the respondent – Zilla Parishad against a post reserved for NT-B category.

It is his case that for long three decades his claim was not decided by the Committee which has prompted him to give up the claim of belonging to NT-B category and he has secured a Validity Certificate of belonging to OBC category.

Drawing support from the Government Resolution dated 18.05.2013, it is his case that he can claim the protection of the service on supernumerary post even if he is out of employment having suffered an order of termination for failure to submit the validity certificate of belonging to NT-B category, he is entitled for reinstatement.

According to him, there is another issue viz. the

2 905.cp.124.24

termination order does not bear the signature of the Chief Officer.

Be that as it may, the fact remains that the petitioner is out of service and he has given up his claim of belonging to NT-B category and as such has obtained the certificate of belonging to OBC category.

In such an eventuality, we permit him to approach before the respondent employer seeking the protection of service by granting reinstatement and his posting on supernumerary post based on the Government Resolution dated 18.05.2013 and such other documents which he intends to rely upon.

The employer once such circular is received within a period of two weeks from today, to decide his claim within a period of six weeks thereafter.

The petition accordingly, stands disposed of including pending applications.

The contempt proceedings are disposed of in view of the aforesaid order.

No costs.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.)

RGurnule