1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR W.P.NO.2430 of 2010 Vilas S.Patil ..vs.. M.S.R.T.C.Corporation Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 18, 2010. Heard Mr.N.R.Saboo, learned counsel for the petitioner and Mr.A.S.Mehadia, learned counsel for the respondent. Contention of Advocate Saboo is that though the petitioner joined on reserved post in 1992, his appointment was not subject to verification of his caste claim and in due course, as per his seniority, he was given the post of Assistant Traffic Inspector. He further states that on 11/6/2007, five posts of Assistant Traffic Inspector were sought to be filled in and all posts were in open category. The reserved category candidates were also permitted to apply against those posts. Petitioner accordingly applied and was selected as open category candidate and started working as Assistant Traffic Inspector. In these circumstances, for the first time on 7/11/2009 his documents in relation to caste claim were called for for submission to the Caste Scrutiny Committee. He was given time of three months for the said purpose. Accordingly, the petitioner submitted those documents. Documents have been forwarded for the verification and 2 even before expiry of said period of three months, by impugned order, the petitioner has been reverted as Traffic Controller. Advocate Saboo contends that the petitioner has worked as Assistant Traffic Inspector for more than fifteen years and the reversion is, therefore, arbitrary. Advocate Mehadia, on the other hand, points out that the petitioner was called upon to submit relevant documents on 23/6/2003 and he did not comply with said letter. In these situation, his further continuation on the post of Assistant Traffic Inspector was found unjust as his claim as belonging to reserved tribe at the time of recruitment itself has still not been verified. Advocate Mehadia further states that the order of reversion has already been implemented and the petitioner approached Industrial Court after said order was implemented. The contention of the petitioner that his caste claim was not subject to any verification and in 1992 there was no such condition imposed upon him cannot be prima facie accepted. He entered the service as belonging to backward class and therefore, his subsequent promotion in open category does not cloth him with any additional rights. The Industrial Court has correctly appreciated the controversy and there is no jurisdictional error. However, considering the fact that the petitioner worked for more than fifteen years and M.S.R.T.C. itself has on 27/11/2009 given him three months time, I am inclined to expedite further proceedings in Complaint U.L.P.No.21 of 2010. Industrial Court shall try to decide said ULP by 31/12/2010. Parties to communicate this order to Industrial 3 Court by 30/6/2010 and abide by its further directions in the matter. It is made clear that the observations made by this court are only prima in nature and shall not influence the Industrial Court while considering the controversy on merits. JUDGE chute