Case Note & Summary
The petitioner, Subhash Shankarrao Dharmik, filed a writ petition before the Bombay High Court (Nagpur Bench) seeking protection of his service pending verification of his caste certificate. The petitioner had been employed with respondent no. 1 (Joint Secretary, Law & Judiciary Department) since 8 July 1996 based on a caste certificate showing him as 'Halba Scheduled Tribe'. His caste claim was forwarded to respondent no. 2 (Scheduled Tribe Caste Certificate Scrutiny Committee) for verification in 2005, but remained pending without any decision. On 1 November 2012, the petitioner submitted a representation to respondent no. 1 seeking protection of his services in light of Supreme Court judgments, including Kavita Salunke v. State of Maharashtra, and stated that he would not claim any benefit of the Scheduled Tribe category. However, no communication or order was passed by the Scrutiny Committee. The petitioner's counsel argued that similarly situated employees had been granted protection by the same Bench in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha (W.P. No. 5530/12 & ors., dated 10 July 2013), and sought similar relief on grounds of equality. The Court noted that there was no urgency for an interim protection order as there was no immediate threat, but observed that the respondents should consider the representation expeditiously to avoid apprehension of termination and further litigation. The Court disposed of the petition with a direction to the respondents to consider and decide the petitioner's representation within eight weeks and pass an appropriate order. All contentions were kept open, and no costs were awarded.
Headnote
A) Service Law - Caste Certificate Verification - Protection of Service - The petitioner, an employee since 1996 with a 'Halba Scheduled Tribe' certificate, sought protection of service pending verification by the Scrutiny Committee, which had been pending since 2005. The Court directed the respondents to consider and decide the petitioner's representation within eight weeks, noting that early decision would avoid apprehension of termination and litigation. (Paras 2-6)
B) Constitutional Law - Right to Equality - Parity in Protection Orders - The petitioner sought protection on the ground of equality/parity based on a previous order of the same Bench in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha. The Court observed that the respondents must consider the representation in view of Supreme Court and High Court judgments and government circulars. (Paras 4-5)
Issue of Consideration
Whether the petitioner is entitled to protection of service pending verification of his caste certificate by the Scrutiny Committee, and whether the respondents are obligated to consider his representation in light of Supreme Court and High Court judgments.
Final Decision
The petition is disposed of with a direction to the respondents to consider and decide the representation of the petitioner within eight weeks and pass an appropriate order accordingly. All contentions are kept open. No costs.
Law Points
- Caste certificate verification
- Service protection pending verification
- Right to representation
- Equality/parity in protection orders
Case Details
2013 LawText (BOM) (08) 191
Writ Petition No. 3942 of 2013
Mr. Nitin Jachak for Petitioner; Mr. Sonak, AGP for Respondent No.1; Mr. Suryawanshi h/f Mr. N.W. Sambre for Respondent No.2
Subhash s/o Shankarrao Dharmik
The Joint Secretary, Law & Judiciary Department, Nagpur; The Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur
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Nature of Litigation
Writ petition seeking direction for consideration of representation for protection of service pending caste certificate verification.
Remedy Sought
Petitioner sought an order of protection of his service pending verification of his caste certificate by the Scrutiny Committee, on the ground of equality/parity with similarly situated employees.
Filing Reason
The petitioner's caste certificate verification was pending since 2005, and his representation dated 1.11.2012 seeking protection of service was not decided by the respondents.
Previous Decisions
The petitioner's caste claim was forwarded to the Scrutiny Committee in 2005 but no decision was communicated. The petitioner relied on the judgment in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha, where similar protection was granted.
Issues
Whether the petitioner is entitled to protection of service pending verification of his caste certificate by the Scrutiny Committee.
Whether the respondents are obligated to consider the petitioner's representation in light of Supreme Court and High Court judgments and government circulars.
Submissions/Arguments
Petitioner's counsel argued that the petitioner has been in service since 1996 based on a caste certificate, and his caste claim is pending with the Scrutiny Committee since 2005. He submitted a representation seeking protection of service, but no decision was taken. He relied on the judgment of this Court in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha, where similar protection was granted to similarly situated persons, and sought parity.
Respondents did not oppose the petition but the Court noted that there was no urgency for interim protection as there was no immediate threat to the petitioner's service.
Ratio Decidendi
The Court held that early decision by the respondents on the petitioner's representation is necessary to avoid apprehension of termination of service and related threats, and to avoid litigation due to inaction. The respondents must consider the representation in view of Supreme Court and High Court judgments and government circulars.
Judgment Excerpts
Petitioner has been in service with respondent no. 1 since 8.7.1996 based upon caste certificate 'Halba Scheduled Tribe'.
The petitioner by representation dated 1.11.2012 submitted to respondent no. 1 sought to protect his services in view of supreme court judgments, including Kavita Salunke v. State of Maharashtra – 2012(5) Mh.L.J. 921 with a clear statement that he will not claim any benefit of Scheduled Tribe category.
We are, therefore, inclined to dispose of this petition with a direction to the respondents to consider/decide the representation of the petitioner within eight weeks and pass appropriate order accordingly.
Procedural History
The petitioner filed Writ Petition No. 3942 of 2013 before the Bombay High Court (Nagpur Bench) seeking protection of service pending caste certificate verification. The petition was heard on 19 August 2013 and disposed of with directions.
Acts & Sections
