1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1061 OF 2011 (Ms. Sangita Madan Ingle vs. The Collector, Buldhana and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MARCH 1, 2011 Heard Shri Parsodkar, learned Counsel for the petitioner, Shri Sambre, learned Government Pleader for the respondent nos. 1 and 2, and Shri Puranik, learned Counsel for the respondent no.3. Shri Parsodkar, learned Counsel for the petitioner, states that the petitioner was appointed as Talathi from Scheduled Tribe category (Thakur). The caste claim of the petitioner was referred to the Caste Scrutiny Committee for verification in the year 2009. However, since Caste Scrutiny Committee failed to scrutinize the caste claim of the petitioner 2 within the stipulated period, the petitioner approached this Court on earlier occasion by filing Writ Petition No.5645/2009, which was disposed of by this Court vide order dated 11/1/2010 whereby Caste Scrutiny Committee was directed to decide the caste claim of the petitioner within six months and protected the service of the petitioner till decision of the Caste Scrutiny Committee. Shri Parsodkar, learned Counsel for the petitioner, states that since Caste Scrutiny Committee did not decide the caste claim of the petitioner within six months as directed by this Court, extension of six months was granted by this Court by another order dated 15/6/2010 to the Caste Scrutiny Committee for this purpose. It is submitted that the said period is going to expire by the end of March 2011. It is further submitted that the respondent no.2 has issued impugned communication dated 22/2/2011 whereby petitioner is directed to submit caste validity certificate by 3/3/2011, failing which respondents shall terminate service of the petitioner as Talathi. Hence, petitioner has preferred the present petition. 3 Shri Puranik, learned Counsel for the respondent no.3 Caste Scrutiny Committee, states that since one of the members of the Caste Scrutiny Committee has retired recently and the said post has not yet been filled in, further time of six months may kindly be granted to the Caste Scrutiny Committee to decide the caste claim of the petitioner. In view of the above facts, we grant further time of six months to the respondent no.3 Caste Scrutiny Committee to decide the caste claim of the petitioner. Till then, service of the petitioner need not be disturbed. However, it is made clear that same shall be subject to decision of the Caste Scrutiny Committee and the petitioner shall not claim equity on the basis of this order. With these observations and directions, the petition is disposed of. Copy of this order be given to the learned Counsel for the petitioner. JUDGE JUDGE khj 4