WP 5850/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5850/2011 Yashodabai Jagannath Gavit V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri G.S. Rane, Advocate for petitioner. Shri S.K. Tambe, AGP for respondent no.1. Shri P.S. Patil, Advocate for respondent nos.2 & 3. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 03.10.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties. The petitioner is aggrieved with the order dated ___March, 2011, thereby terminating the services of the petitioner on the ground that the petitioner has not submitted the validity certificate within the prescribed time. The Court can take judicial notice WP 5850/11 2 regarding the functioning of the scrutiny committees, which are empowered to decide the claims of the parties of belonging to scheduled caste, scheduled tribes, OBCs etc. In thousands of cases, this Court has noticed the delay on the part of the said committees. If the said committees do not decide the caste claims of the citizens within a stipulated period, the citizens cannot be penalized for the same. In the present case, we find that the termination on the ground of non-submission of the validity certificate during the pendency of the claim before the scrutiny committee was not justified. In any event, in the present case, the claim of the petitioner is now validated by the scrutiny committee on 13.6.2011. In that view of the matter, we quash and set aside the impugned order. We direct the petitioner to be reinstated within a period of one month from today. Though the petitioner shall not be entitled to any back WP 5850/11 3 wages during the period when she was out of service, the said period shall be considered for grant of continuity of service to the petitioner for all the service benefits. Rule made absolute in the aforesaid terms with no order as to costs. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 03.10.2011 ndk/c3101132