SHANKARRAO RANGRAO PATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with the consent of Shri Kshirsagar, learned Counsel for the petitioner, Shri. Sambre, learned Government Pleader for the respondent no. 1, and Shri. Wankhede, learned Counsel for the respondent nos. 2 and 3. The petition is directed against the order/communication dated 11.8.2009 issued by the respondent no.3 Divisional Controller, Maharashtra State Road Transport Corporation, Akola whereby petitioner is informed that he is appointed as Senior Clerk (Accounts) after 15.6.1995 from the Scheduled Tribe category and since his caste certificate is invalidated by the Caste Scrutiny Committee, he is not entitled for grant of protection in service in view of Government Resolution dated 15.6.1995, hence, his service shall come to an end with effect from 26.8.2009.

(2.) Shri. Kshirsagar, learned Counsel for the petitioner, states that in view of law laid down by the Apex Court in State of Maharashtra Vs. Milind and others, 2001 1 MhLJ 1. once employment of the employee is finalised, then even though the caste certificate of such employee is invalidated by the Caste Scrutiny Committee, the employment of such employee is protected by the said decision.

(3.) Learned Counsel Shri. Kshirsagar further states that the petitioner was appointed on the post reserved for Scheduled Tribe category and though the Caste Scrutiny Committee invalidated the caste certificate of the petitioner, service of the petitioner is protected in view of Government Resolution dated 15.6.1995 and the petitioner can be accommodated in the quota reserved for the Special Backward Class category. In order to substantiate this contention, reliance is placed on the decision of the Apex Court in Punjab National Bank and another Vs. Vilas s/o Govindrao Bokade and another, 2007 3 MhLJ 805.