- (1.)Rule returnable forthwith. Heard the learned Counsel for the parties finally by consent.
(2.)The petitioner has approached this Court mainly praying for the following reliefs :
i. "protect the services of the petitioner in view of Office Memorandum dated 10.8.2010 issued by Government of India (Annexure10) and Kavita Solunke's case by quashing and setting aside the termination dated 25.8.2004 issued by the respondent No.2, i.e. The Commissioner of Customs (General), New Custom House, Ballard Estate, Mumbai (Annexure 4) and reinstating the petitioner in the services as Lower Division Clerk, in the interest of justice,

ii. quash and set aside the impugned order dated 03.10.2013 passed by the respondent No.2, i.e. The Commissioner of Customs (General), New Custom House, Ballard Estate, Mumbai (Annexure No.9) in the interest of justice."

(3.)The petition has a chequered history. The petitioner came to be appointed as Lower Division Clerk on 6.6.1995 on the establishment of the respondent no.2 against a post reserved for Scheduled Tribe, since the petitioner claimed to be belonging to Halba Scheduled Tribe. The petitioner's claim was based on the certificate issued to him on 23.8.1998 by the Executive Magistrate, Bhandara. Since the petitioner was appointed against the post reserved for Scheduled Tribe, his claim came to be forwarded to the respondent Scrutiny Committee for scrutinizing the validity of the same. Vide the order dated 24.6.2004 the respondent No.1 Scrutiny Committee invalidated the claim of the petitioner. Since the petitioner's claim was invalidated, his services came to be terminated vide order dated 25.8.2004.