PRABHU DEVIDAS NANNAWARE Vs. EXECUTIVE ENGINEER, O&M CIRCLE, MSEDCL, WARORA, DISTT CHANDRAPUR
LAWS(BOM)-2017-11-327
HIGH COURT OF BOMBAY
Decided on November 03,2017

Prabhu Devidas Nannaware Appellant
VERSUS
Executive Engineer, OAndM Circle, Msedcl, Warora, Distt Chandrapur Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) In this petition, we find that the exercise of forwarding the caste validity certificate of the petitioner showing that he belongs to Mana - Scheduled Tribe category to the Scrutiny Committee for issuance of validity certificate was futile. The reason being that the petitioner was appointed from open category on compassionate ground, as his father was permitted to take voluntary retirement on medical ground. The petitioner has not been promoted, nor the petitioner has claimed promotion as on this date to the higher post as a candidate belonging to Scheduled Tribe category.
(2.) Shri Mohgaonkar, the learned counsel appearing for respondentemployer also makes a statement that there is no question of terminating the services of the petitioner for non production of caste validity certificate, as the petitioner was appointed from open category.
(3.) In view of above, the order passed by the Scrutiny Committee will have to be set aside leaving all the questions open to be decided in future if such occasion arises.;


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