CHANDRASHEKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the order of the respondent no.2-Divisional Caste Scrutiny Committee, Nagpur Division, Chandrapur, dated 16.01.2013 invalidating the claim of the petitioner of belonging to Ahir tribe, which falls under Nomadic Tribes category. The petitioner has sought a declaration that the invalidation of the caste claim of the petitioner would have no effect on the appointment of the petitioner as the same was made on compassionate ground.

(2.) Shri Phadnis, the learned counsel for the petitioner, states that the petitioner gives up the prayer in prayer clause (A), as the grievance of the petitioner would stand redressed if the prayer made by the petitioner in prayer clause (B) is granted. It is submitted that the petitioner would restrict the petition only to the prayer for a declaration that the appointment of the petitioner could not have been disturbed on the basis of the order passed by the scrutiny committee.

(3.) The petitioner was appointed as a Junior Assistant by the respondent no.3-Zilla Parishad on 12.12.2006. The mother of the petitioner was working as a Supervisor in the Integrated Child Development Scheme. The mother of the petitioner had expired while in service on 24.10.2005 and on an application made by the petitioner, the petitioner was appointed on compassionate ground in view of the death of his mother, while in service. Since the petitioner had claimed to belong to Ahir Nomadic Tribe, the caste claim of the petitioner was referred by the Zilla Parishad to the scrutiny committee, for verification. The scrutiny committee has invalidated the caste claim of the petitioner by the order dated 16.01.2013 that was impugned in this writ petition. In view of the invalidation of the caste claim, the respondent-Zilla Parishad sought to terminate the services of the petitioner on the post of Junior Assistant. In the aforesaid background, the petitioner had filed this writ petition challenging the order of the scrutiny committee and also seeking a declaration that the order of the scrutiny committee would not have any adverse effect on the services of the petitioner. Since the petitioner has given up the challenge to the order of the scrutiny committee, the petition is restricted only to the prayer in respect of the declaration that the order of the scrutiny committee would not have the consequence of terminating the services of the petitioner as the petitioner was appointed on compassionate ground.