VIJAY KISHANRAO KURUNDKAR Vs. STATE OF MAHARASHTRA, THROUGH SECRETARY, WATER RESOURCES DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) The petition is filed for challenging the regularization of services of respondent No.5 and 6 in Irrigation Department of the Government and also to challenge the seniority given to them in the cadre of Assistant Engineer. Further declaration is claimed in respect of Government Resolution dated 15-6-1995 issued by the Government by which protection was given by the Government to the employees like respondent Nos. 5 and 6 who had failed to get Validity Certificate in respect of their claim of Scheduled Tribe but who were from the S.B.C. class (Special Backward Category). Both the sides are heard.

(2.) The submissions made and the record show that respondent Nos.5 and 6 entered the service of Irrigation Department as Assistant Engineer through M.P.S.C. as Scheduled Tribes category candidates. Their claim was that they were belonging to Halba Koshti Tribe. As per the conditions laid down in the letter of appointment, they were expected to submit validity certificate in respect of their claim of Tribe. In May 2001 the tribe claim of the respondent Nos.5 and and 6 was invalidated. Some proceedings were filed like writ petitions to challenge said decision of the authority. Submissions made show that one of these respondents, who had filed petition succeeded to get the order of remand of the matter and his claim will be again considered by the Caste Scrutiny Committee.

(3.) In the year 1995, the Government had issued a Government Resolution due to which protection could have been given to the candidates who had entered the service as Scheduled Tribes category candidate but who had failed to obtain validity certificate of their claim but who were from Special Backward Category. In view of the aforesaid Government Resolution and after obtaining the validity certificate of Special Backward Category by the respondent Nos.5 and 6, the Government gave protection to respondent Nos.5 and 6 and their services were protected but the order was made that their entry in the service was to be treated of the year 1995 and not of the year 1991 because of the Government Resolution dated 15-6-1995. Only due to this Government Resolution they were getting the protection in service.