2611wp3947.09.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3947 OF 2009 (PARMESHWAR TUKARAM SHELKE VS. CHIEF EXECUTIVE OFFICER, Z.P., YAVATMAL AND 2 OTHERS ) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 26th NOVEMBER, 2009. 1. Heard Mr. S. R. Narnaware, Counsel for the petitioner, Mr. V. V. Naik, Counsel for respondents No. 1 & 2 and Mr. N. W. Sambre, Counsel for respondent No. 3. 2. The writ petition is directed against order dated 24/8/2009 passed by respondent No. 1 whereby services of the petitioner came to be terminated on the ground of non submission of caste validity certificate. Learned Counsel for the petitioner states that the petitioner was appointed from Scheduled Tribe (Andh) category as Assistant Teacher in the school run by respondent-Zilla Parishad. It is submitted that the petitioner, after his appointment, has submitted caste certificate as well as other 2611wp3947.09.odt 2/4 documents in support of his caste claim to the Zilla Parishad which were forwarded by the Zilla Parishad to the Caste Scrutiny Committee for verification. It is further contended that during the pendency of verification proceedings, the services of the petitioner were terminated by issuing the impugned order for want of submission of caste validity certificate. It is therefore contended that the impugned order is bad in law. 3. Mr. Naik, learned Counsel for the Zilla Parishad has submitted that since the services of the petitioner are terminated and the petitioner has relieved from the post on 03/9/2009, the petitioner is no more in the employment of the Zilla Parishad. It is further contended that if the petitioner’s caste claim is validated by the Caste Scrutiny Committee, appropriate steps, in accordance with law, will be taken in the matter. 4. Learned Counsel for respondent No.3- Committee has submitted that if the caste claim of the petitioner is pending for verification, the 2611wp3947.09.odt 3/4 said proceedings would be concluded in accordance with law and procedure applicable in this regard within a period of three months from today. 5. Considered the rival pleadings and contentions canvassed by the respective Counsel. It is no doubt true that this Court in many matters protected the services of the petitioners during the pendency of verification proceedings where the petitioners were holding the posts and were in the employment. In the instant case, since the learned Counsel for the Zilla Parishad has brought to our notice that services of the petitioner are not only terminated, the petitioner has already relieved from the post in the month of September, 2009 itself and is no more in the employment of the Zilla Parishad. In such situation, it will not be appropriate to set aside the order of termination before conclusion of the verification proceedings by the Caste Scrutiny Committee. 6. For the reasons stated here in above, the writ petition is disposed of with direction to 2611wp3947.09.odt 4/4 the Caste Scrutiny Committee to decide the caste claim of the petitioner within a period of three months, in accordance with law. If the caste claim of the petitioner is validated, Zilla Parishad, Yavatmal is directed to reinstate the petitioner forthwith with continuity of service and back wages, etc. 7. Writ petition is disposed of accordingly. JUDGE JUDGE wwl