(1) wp6800-6891-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6800 OF 2011 Keroji Sitaram Dasre PETITIONER VERSUS The State of Maharashtra & another RESPONDENTS WITH WRIT PETITION NO. 6891 OF 2011 Pralhad Gangaram Nalgire PETITIONER VERSUS The State of Maharashtra & another RESPONDENTS ..... Mr. A.P. Piratwad, advocate for the Petitioner in Writ Petition No. 6800/2011. Mr. M.D. Narwadkar, advocate for the Petitioner in Writ Petition No. 6891/2011. Mr. D.V. Tele, A.G.P. for the Respondent-State in both the petitions. Mr. M.V. Deshpande, advocate for Respondent No. 2 in both the petitions. Mr. S.S. Tope, advocate for Respondent No. 3 in Writ Petition No. 6891/2011 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 25th NOVEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. The petitioners are aggrieved by the action (2) wp6800-6891-11 of Respondent Municipal Corporation thereby reverting the petitioner to the post of Fireman from the post of Leading Fireman (in W.P. No. 6800/2011) and to the post of Clerk from the post of Checker (in W.P. No. 6891/2011), on the ground of non-submission of the Caste Validity Certificate by the petitioners. 3. In the present petitions, on perusal of the record, it reveals that the petitioners were appointed and promoted on the respective posts, on the basis of their belonging to Scheduled Tribes. According to the petitioners, they had submitted their respective Caste Certificates to the Respondent No. 2 Corporation. It, however, appears that the Respondent No.2 Corporation did not forward the caste claims of the petitioners to the respective Scrutiny Committees for scrutiny thereof. By the impugned orders, the petitioners have been now reverted as aforementioned. 4. The petitioners cannot be penalised for the inaction on the part of the Respondent No. 2 Corporation in not forwarding the petitioners' caste claims to the respective Scrutiny Committees for (3) wp6800-6891-11 necessary validation/scrutiny thereof. In that view of the matter, we are inclined to allow the petitions in the following terms. (a) The orders dated 26th August, 2011, passed by the Respondent No. 2 Corporation against the present petitioners are quashed and set aside. (b) The petitioners shall submit the necessary documents in support of their respective claims to the Respondent No. 2 - Municipal Corporation, within a period of two weeks from today. On submission of the claims of the petitioners, the Respondent No. 2 shall forward the same to the respective Scrutiny Committee. The respective Scrutiny Committees, on receipt of the proposal/s, shall decide the claims of the petitioners within a period of six months from the date of receipt thereof. (c) It is further directed that no coercive action against the petitioners be taken, on the ground of non-submission of the Caste Validity Certificates, till the claims of petitioners are decided by the respective Scrutiny Committee and in (4) wp6800-6891-11 the event the Committee decides the claims against the petitioner/s, for a further period of two weeks from the receipt of communication in that respect from the respective Scrutiny Committee to the respective petitioner. 5. Rule is made absolute in terms of the above directions and orders. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp6800-6891-11