LAWS(BOM)-2016-8-144

NEETA KASHINATH SAWARKAR Vs. STATE OF MAHARASHTRA

Decided On August 24, 2016
Neeta Kashinath Sawarkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally by consent.

(2.) The petitioner was appointed as a Tracer on 10.6.1997 on the establishment of the respondent nos. 2 and 3 against a post reserved for NTB category. Since the petitioner had applied from a reserved category, her claim was referred to the Scrutiny Committee. On 2.8.2007 the claim of the petitioner came to be invalidated. As such, the petitioner's services were terminated on 9.8.2007. The petitioner challenged the invalidation order and termination order by way of Writ Petition No. 3717/07. This Court vide judgment and order dated 11.9.2007 in Writ Petition No. 3717/07 remanded the matter back to the Scrutiny Committee by setting aside the order of invalidation. As such, the petitioner was reinstated on 29.9.2007. Vide order dated 9.12.2009 the respondent Scrutiny Committee again invalidated the claim of the petitioner. The same was challenged by way of Writ Petition No. 344/10. The Division Bench of this Court vide judgment and order dated 29.11.2011 dismissed the Writ Petition upholding the order passed by the Scrutiny Committee. The same was challenged by the petitioner before the Apex Court. The Apex Court vide order dated 13.7.2016 granted liberty to withdraw the S.L.P. so as to enable her to file review before this Court.

(3.) It appears that during the pendency of the S.L.P., the petitioner's services were terminated on 9.7.2014. As such, the petitioner approached the learned Maharashtra Administrative Tribunal and filed O.A. No. 516/14. The said Original Application is also rejected on 11.2.2015. The petitioner has, therefore, approached this Court being aggrieved by the judgment of the learned Tribunal.