1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 2908 OF 2011 (Ravindra H. Uparade .vs. State and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : SEPTEMBER 14, 2011. Heard Mr.S.R.Narnaware, Adv. for the petitioner, Mr.V.A.Thakare, A.G.P. for respondent No.1, Mr.N.W.Sambre, Government Pleader for respondent no. 2 and Mrs.Shruti Agrawal, Adv. holding for Mrs.Neeta Jog, Adv. for respondent no.3. After hearing the learned Counsel for the respective parties, we find that the caste claim of the petitioner is still receiving consideration and is pending with respondent no.2. Respondent no.3 has terminated the petitioner by an order dt.13.6.2011 as the Caste Validity Certificate has not been furnished by him. The petitioner has joined the services in 2005. Mr.N.W.Sambre, G.P. states that the Committee is taking steps to decide the caste claim 2 of the petitioner herein in accordance with law and the claim will be looked into preferably. Mrs. Shruti Agrawal, Adv. points out that though several opportunities were given to the petitioner, he did not furnish the Validity Certificate and therefore, the Zilla Parishad had no option but to terminate him. The learned A.G.P. is supporting the arguments of Mrs. Shruti Agrawal, Adv. After hearing the respective Counsel, as we do not see any mala fides on the part of the petitioner and his caste claim is still under scrutiny, we set aside the order of termination dt.13.6.2011 and direct respondent no.3 to reinstate him with continuity in service. His entitlement to wages after his termination till reinstatement shall depend upon result of his caste claim under scrutiny of respondent no.2. Respondent no.2/Committee shall make an attempt to adjudicate the caste claim of the petitioner as early as possible and in any case, within a period of four months from today in accordance with the provisions of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes (Backward Classes and Special Backward Category) (Regulation of Issuance and Verification of) Caste 3 Certificate Act, 2000 (Act No.XXIII of 2001). The petition is, thus, partly allowed. No order as to costs. JUDGE JUDGE jais