1 wp3870.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.3870/2009 (Kailas Pardhi ..V/s.. The Chief Executive Officer, Z.P., Yavatmal +2) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.B. Kalwaghe, counsel for petitioner. Mr. V.V. Naik, counsel for respondent nos.1 and 2. Mr. A.D. Thakre counsel H/f. Mr. N.W. Sambre, counsel for respondent no.3. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 11 th NOVEMBER , 2009 . Heard Mr. Kalwaghe counsel for petitioner, Mr. Naik counsel for respondent nos.1 and 2 and Mr. A.D. Thakre counsel H/f. Mr. N.W. Sambre, counsel for respondent no.3. Writ petition is directed against the order dated 24/8/2009 passed by Chief Executive Officer, Zilla Parishad, Yavatmal whereby services of petitioner as ‘Gramsevak’ came to be terminated for non-submission of validity certificate. Learned counsel for petitioner has submitted that petitioner was appointed as Gramsevak vide order of appointment dated 28/11/1995 at Yavatmal from Scheduled Tribe (Andh) category. On 17/12/2007 petitioner has submitted caste certificate issued by the competent authority along with other documentary evidence to Block Development Officer - respondent no.2. The respondent no.2 for the first time forwarded the caste certificate as well as 2 wp3870.09.odt other documents to the Caste Scrutiny Committee – respondent no.3 for verification of caste claim of petitioner on 25/8/2009, which is pending for caste verification as on today. Learned counsel for petitioner further contended that respondent Zilla Parishad issued show cause notice dated 5/8/2009 whereby petitioner was called upon to submit validity certificate on or before 11/8/2009, failing which petitioner was informed that his services would be terminated. Petitioner received the said show cause notice on 29/8/2009 and submitted his reply on 31/8/2009. However, Chief Executive Officer, Zilla Parishad, Yavatmal terminated the services of petitioner vide order dated 24/8/2009. Hence the present petition. Learned counsel for petitioner has submitted that on the backdrop of the above referred facts, petitioner could not submit the validity certificate in view of the proceedings for verification of the caste claim of the petitioner pending before the Caste Scrutiny Committee. Therefore, respondent - Zilla Parishad is not justified in terminating the services of the petitioner for not submitting the validity certificate. It is prayed that the impugned order of termination may kindly be quashed and set aside and direction may be issued to Caste Scrutiny Committee to complete the verification proceedings by taking final decision in this regard and the services of petitioner be made subject to the result of the same. Mr. Naik, learned counsel for Zilla Parishad does not 3 wp3870.09.odt dispute the factual aspect. Learned counsel for Caste Scrutiny Committee also does not dispute that caste claim of petitioner is pending before the committee. We have considered the contentions canvassed by the respective counsel. On the backdrop of the above referred facts, it is evident that the caste verification proceedings are pending before the Caste Scrutiny Committee and therefore, it is difficult for us to find any fault with the petitioner for non-submission of caste validity certificate before the Zilla Parishad and therefore the action of Chief Executive Officer, in the circumstances, is unjustified. Therefore, we quash and set aside the impugned communication dated 24/8/2009 and direct that petitioner be reinstated forthwith with back-wages and other emoluments to which he is entitled in accordance with law. Respondent no.3 - Caste Scrutiny Committee is directed to complete the caste verification proceedings in accordance with law and procedure applicable in this regard within a period of 3 (three) months from the date of communication of this order. Petitioner is directed to appear before the Caste Scrutiny Committee on 27/11/2009 at 11 a.m. The services of petitioner are subject to the decision of the Caste Scrutiny Committee. If the claim of petitioner is 4 wp3870.09.odt invalidated by the Caste Scrutiny Committee, it is open for Zilla Parishad to pass an appropriate order accordingly. With above directions the writ petition is disposed of. JUDGE JUDGE Tambaskar.