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2013 Supreme(Bom) 1255

ANOOP V.MOHTA, Z.A.HAQ
Ku. Vijaya Deorao Nandanwar – Appellant
Versus
Chief Officer, Municipal Council – Respondent


Advocate Appeared:
For the Petitioner:S.R. Narnaware, C.S. Kaptan Senior Advocate assisted by Prafulla S. Khubalkar, A.C. Dharmadhikari, R.S. Parsodkar, Advocates.
For the Respondent:R1 & R4, A.D. Sonak, Ms. P.D. Rane, Mrs. M.N. Hiwase, AGPs, Abhay Sambre, Ravindra Adsure, P.B. Patil, A.Z. Jibhkate, Advocates, A.S. Mehadia, SC.

Judgment :

(Anoop V. Mohta, J.) Rule returnable forthwith. Heard finally with the consent of the parties along with connected matters, therefore, a common judgment, as facts and circumstances are similar and so also the referred and the relied judgments and the laws.

2. By this petition, the petitioner (in W.P. No. 5530/12) has invoked Articles 226 and 227 of the Constitution of India and prayed as under:

“Protect the services of the petitioner in view of latest judgment of the Hon'ble Supreme Court in case of Kavita Solunke in SLP No. 5821/12 decided on 9.8.2012 (Annexure No.6), reported in 2012(5) Mh.L.J. 921 by quashing and setting aside the termination order dated 18.2.2010 issued by the respondent (Annexure no. 5 ) and reinstating the petitioner in the services as Assistant Teacher, in the interest of justice.”

3. The petitioner was appointed as an Assistant Teacher by the respondent/Chief Officer, Municipal Council, Wardha, against the vacancy reserved for Scheduled Tribe category based upon a caste certificate belonging to “Halba-Scheduled Tribe” on 29.7.1998. The petitioner was working on the post accordingly. The respondent/management withhold the salary of the petitioner for












































































































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