512wp3844.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3844 of 2009 (Ku. Deoki R. Agaldhare .vs. The Comm. for Scrutiny and Verification of Tribe Claims and Ors.) 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 and F. M. Reis, JJ. Date : 05/12/2009. Heard Mr. N.R.Saboo, Adv. for petitioner, Mrs.S.W.Deshpande, Adv. for respondent no.1 and Mr.R.D.Bhuibhar, Adv. for respondent no.2. This petition is directed against the order dt.24.8.2009 passed by the Chief Executive Officer, Zilla Parishad whereby the appointment of petitioner as a Arogya Sewak came to be cancelled since the petitioner failed to submit Caste Validity Certificate within a period of three months from the date of her appointment. Counsel for petitioner has submitted that the petitioner was appointed in the year 2009 as a Arogya Sewak vide order dt. 06.03.2009 from the Andh Community (Scheduled Tribe) and earlier the petitioner was in service as a bonded employee. The petitioner submitted Caste Certificate and other relevant documents in support of her caste claim to the Authority which were forwarded to 512wp3844.09.odt 2 . the Caste Scrutiny Committee for verification at latter point of time. However, till this date, the verification proceedings are pending and therefore, petitioner could not submit Caste Validity Certificate before the Authorities of Zilla Parishad. It is contended that the petitioner is not at fault because of the delay caused by the Caste Scrutiny Committee in concluding the verification proceedings which are still pending before the Caste Scrutiny Committee. Counsel for petitioner has submitted that this Court has issued notice before admission vide order dt. 9.9.2009 and it is not in dispute that, by virtue of interim relief, it was agreed not to give effect to the order of termination and therefore, same may be continued with a direction to the Caste Scrutiny Committee to decide the caste claim of the petitioner in accordance with law within a stipulated period. Counsel for the other side/respondents do not dispute the factual aspect of the matter. Considered the contentions canvassed by the respective counsel. In the backdrop of the above referred facts, it appears that though the petitioner had submitted Caste Certificate and other documents to respondent/Zilla Parishad after she was appointed as a Arogya Sewak and those documents were forwarded to the Caste Scrutiny Committee long time ago, the Caste Scrutiny Committee failed to conclude those verification proceedings and those 512wp3844.09.odt 3 . proceedings are still pending before the Caste Scrutiny Committee for verification. In such a situation, it is difficult to find fault with the petitioner for non-submission of the Caste Validity Certificate and therefore, we direct the Caste Scrutiny Committee to decide the caste claim of petitioner in accordance with law and procedure applicable in this regard, within a period of six months from the date of communication of this order. In the interest of justice, we continue the interim order dt. 9.9.2009 till decision is taken by the Caste Scrutiny Committee. Services of petitioner shall be subject to decision of Caste Scrutiny Committee. Petitioner to appear before the Caste Scrutiny Committee on 28th December, 2009 at 11 O’ clock. With these observations and directions, the petition is disposed of accordingly. JUDGE JUDGE jais