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1998 Supreme(Bom) 163

A.B.PALKAR, N.J.PANDYA
Chandrabhan s/o Yamaji Nandanwar – Appellant
Versus
Director of Health Services Maharashtra and others – Respondent


JUDGMENT - N.J. PANDYA, J.:---The petitioner entered the Government service initially under order dated 10-8-76 Annexure V. page 17 and later on came to be selected by the State Public Service Commission and therefore an appointment order Annexure XII page 25 came to be issued on 9-7-82. This followed by a confirmation order page 31 Annexure XIV dated 10-2-86.

2. Accordingly the petitioner was rendering services in the Health Department of the State of Maharashtra as Class II Officer.

3. The petitioner received an order on or about 25-4-86 at page 33 Annexure XV-A intimating him that his services are terminated because his caste claim has been invalidated.

4. The grievance of the petitioner is well founded against that order. The order does not reveal as to who scrutinised the claim, how it was scrutinised when it was done and whether the petitioner was ever intimated the decision of this exercise. There is no case whatsoever of petitioner having been given an opportunity by any of the authorities.

4A. We may mention here that in spite of issuance of Rule in the year 1986 till date no return is filed.

5. The initial appointment order of 1976 does contain conditions at page 17 onwards







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