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2003 Supreme(SC) 1159

V. N. KHARE, S. B. SINHA, A. R. LAKSHMANAN
Sudhakar Vithal Kumbhare – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

The appellant is originally a resident of Village Sawargaon, post Pandhurna, District Chhindwara in State of Madhya Pradesh. It is not disputed that as a result of State reorganization, a part of the said district being Chandrapur, which was originally in the State of Madhya Pradesh, had gone into the State of Maharashtra. Earlier in the Presidential Scheduled Tribes Order issued in the year 1950 the tribe Halba was recoganized as Scheduled Tribe in the District of Chhindwara in the State of Madhya Pradesh. After reorganization, when Chandrapur was included within the territory of State of Maharashtra, the caste Halba was recognized as Scheduled Tribe also in the State of Maharashtra. It is also not disputed that the appellant herein was brought up and educated in District of Chhindwara. Subsequently, he applied in response to an advertisement for selection and appointment in the Maharashtra State Electricity Board for the post of Junior Engineer (Civil). It is not disputed that he was selected and appointed against the non-reserved vacancy on the basis of merit in the said post. In the year 1987, the appellant was promoted to officiate as Assistant Engineer (Civil) again















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