LAWS(BOM)-2003-8-95

RAJU PUNDLIKARAO BURDE Vs. ESTABLISHMENT OFFICER

Decided On August 06, 2003
RQJU PUNDLIKRAO BURDE Appellant
V/S
ESTABLISHMENT OFFICER (III-B), MAHARASHTRA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) RULE. Rule made returnable forthwith by consent of parties.

(2.) HEARD Shri N. C. Phadnis, learned Counsel for the petitioner and Shri r. K. Deshpande, learned Counsel for the respondents.

(3.) THE petitioner is in the employment of Maharashtra State Electricity board. The petitioner joined as a Junior Engineer with MSEB on 10-2-1986, as a candidate belonging to Scheduled Tribe category. The petitioner had sought the said appointment on the basis of a caste certificate issued by the executive Magistrate, which was validated by the appellate authority viz. Divisional Commissioner, Nagpur Division, Nagpur in Appeal No. 26 of 1982, vide order dated 31/05/1982. It is not in dispute that when the petitioner's caste certificate was referred for verification and scrutiny to the Director of Social Welfare, Maharashtra State, Pune, the same was rejected by the said authority which is corresponding to the Caste Scrutiny Committee. Then, in the year 1981-82, an order in regard to verification of caste claim passed by the Director of Social Welfare, Pune was subject to an appellate remedy before the Divisional Commissioner. In the present case, as stated hereinabove, though the first authority rejected the caste claim made by the petitioner, the same was granted by the Appellate Authority.