WRIT PETITION 3611 on 29 June 1995

Arguments

912wp3611.09.odt 1 .

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR

Writ Petition No. 3611 of 2009

(Kiran s/o. Namdeorao Kumbhare .vs. State and Ors.)OfficeNotes,Office MemorandaofCoram, Court's or Judge's ordersappearances, Court's orders or directions and Registrar's orders.

Mr. H. D. Dubey, Advocate for petitioner.Mr. N. W. Sambre, G. P. for respondent no.1/State.Mr. V. V. Naik, Advocate for respondent Nos. 3 & 4.

CORAM: D. D. SINHA & F. M. REIS, JJ.DATED : 9[th] December, 2009.

Heard the Counsel for respective parties.

Learned Counsel for petitioner has submitted that the petitioner was appointed as an Assistant Teacher in the school run by the Zilla Parishad on 29/6/1995 from the Scheduled Tribe (Halba) category.

It is submitted that the caste claim of the petitioner is pending for verification before the Caste Scrutiny Committee; however, the respondent-Zilla Parishad vide impugned communication dated 05/8/2009 informed the petitioner that if the Caste Validity Certificate is not submitted within seven days from the date of receipt of the said communication, the services of the petitioner will be terminated.

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Hence, the petitioner has approached this Court for necessary direction to the Zilla Parishad.

The learned Government Pleader has not disputed the fact that the Caste claim of petitioner is pending before the Caste Scrutiny Committee for verification.

In the backdrop of the above referred facts, it will be unjust to terminate the services of petitioner while caste claim of the petitioner is pending for verification. Hence, in the interest of justice, we direct the Caste Scrutiny Committee to verify the caste claim of the petitioner in accordance with law applicable in this regard within a period of six months from the date of communication of this order by following the principles of natural justice. Till such time, the services of the petitioner need not be disturbed. In the meantime, impugned communication dated 05/8/2009 should not be given effect to.

With these observations and directions, the writ petition is disposed of.

JUDGE JUDGE