N.M.JAMDAR,J. - (1.) By this petition, the Petitioner has sought a prayer for protection of the services of the Petitioner with Respondent No. 2- Mormugao Port Trust, in view of the decision of the Full Bench of this Court in the matter of Arun Sonone v. State of Maharashtra and others 2015 (1) Mh, L.J. 457 .
(2.) On 25 June 1982, the Petitioner secured a caste certificate as belonging to Halba Scheduled Tribe. The Petitioner was appointed on the post of Clerk with Respondent No. 2 on 7 December 1987. The Petitioner was removed from the services on 7 April 2014 in view of the vigilance report during verification of the caste certificate. The Writ Petition was filed by the Petitioner bearing No. 2744 of 2014 at Nagpur Bench of this Court. Notice was issued in the petition on 17 June 2014 and ad-interim relief was granted protecting the services of the Petitioner. Thereafter, the Writ Petition was disposed of directing the Petitioner to appear before the Scheduled Tribe Certificate Scrutiny Committee at Nagpur. The Petitioner appeared before the said Scrutiny Committee at Nagpur and the Scrutiny Committee by order dated 28 September 2016 invalidated the caste certificate issued by the Executive Magistrate, Pauni, District Bhandara. The Petitioner thereafter filed a Writ Petition bearing No. 5987 of 2016 seeking protection in services in terms of the decision of the Full Bench in the case of Arun Sonone v. State of Maharashtra and others . By order dated 25 January 2017, the Division Bench (Nagpur Bench) opined that since the employment of the Petitioner did not fall within the jurisdiction of the Nagpur Bench and that the Respondent No. 2- Mormugao Port Trust is situated in Goa, the Writ Petition was disposed of by continuing the ad-interim order for a period of six weeks. Thereafter, the Petitioner filed the present petition with the above prayer.
(3.) Rule was issued in this petition on 8 June 2017 and adinterim order was continued. The Misc. Civil Application No. 850 of 2017 was taken out by the Respondent No. 2-Employer for vacating the ad-interim order. On various dates, when the Civil Application came up on board, none was present on behalf of the Petitioner. Notice had to be issued and on 5 March 2018, we passed a detailed order observing that since it is the Petitioner who has filed the petition and ad-interim order was granted and that this Court has provided various facilities to the litigants and that the status of the matter is reflected on the website of this Court, it is the duty of the Petitioner to attend to his own case. After this order has been passed, the learned counsel appearing for the Petitioner has appeared. We had kept the Writ Petition today for disposal.;