B.P. Dharmadhikari, J.

By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks to challenge the order of termination dated 03.11.2009, passed by Respondent no.2 – Additional General Manager/Engineering LMD National Aviation Company of India Limited. Though in the petition, order dated 05.10.2012 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, invalidating caste claim of the petitioner as belonging to Halba Scheduled Tribe, has also been questioned, the petitioner has only claimed protection in employment and expressly restricted his challenge only to the order of termination and has given up the status as belonging to Halba Scheduled Tribe. Right to challenge order invalidating caste certificate is given up with knowledge that Respondent Employer as also Caste Scrutiny Committee are opposing the prayer for protection. This protection in service is being claimed on the basis of various judgments, particularly a judgment of the Hon'ble Apex Court in the case of Kavita Solunke .vrs. State of Maharashtra and Ors., reported at 2012 (5) Mh.L.J. 921, and judgments of Division Bench of this Benc