ANIL VASANTRAO SHIRPURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Mr. Sonawane, learned A. G. P. for respondents 1 and 2 and Mr. Rao learned Counsel for respondent 3 appear and waive service of notice of rule. By consent of the parties, the matter is taken up for final hearing.

(2.) THE petitioner has approached this Court as an order was passed against him terminating the services. The petitioner was granted caste certificate as belonged to Dhoba (ST) on 17th December, 1991. On the basis of said certificate, the petitioner obtained job with Kalyan Dombivali Municipal Corporation respondent 3 herein as a Pharmacist on 9th of August, 1994. The services of the petitioner were regularised on 8th of August, 1996, as he had successfully completed his probation period of two years. Thereafter also, nothing was done by the respondents. It was stated that only on 1st of July, 2001 i. e. after the petitioner completed about seven years of service, it was alleged that the petitioner did not belong to Scheduled Tribe and proceedings were initiated.

(3.) AS soon as the petitioner came to know about initiation of proceedings, he instituted a petition but no interim order was passed. Meanwhile when the matter was sub-judice, the respondent No. 3 passed an order on 9th of July, 2002 terminating the services of the petitioner on the ground that he did not belong to Schedule Tribe. In an affidavit in reply, the said order has been brought on record.