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2017 Supreme(Bom) 928

R.K.DESHPANDE, SWAPNA JOSHI
Dattakishor Jagannath Kumbhare – Appellant
Versus
State of Maharashtra, through Secretary to Tribal Welfare Department – Respondent


Advocates Appeared:
For the Petitioner:Shri. C.V. Kale, Advocate
For the Respondent: Ms. Geeta Tiwari, Assistant Government Pleader

JUDGMENT :

R.K. DESHPANDE, J.

(1) WRIT PETITION NO.3373 OF 2002 :

1. The petitioner was appointed in the respondent-State Bank of India as Clerk-cum-Cashier on 9-9-1985 against a post reserved for Scheduled Tribe category. He was confirmed in the employment on 9-3-1986. He was thereafter promoted to the post of Assistant Manager on 1-8-1987, and since then he is continuously working on the said post till this date. The petitioner has completed 32 years of service.

2. The claim of the petitioner was that he belongs to 'Halba/Halbi', Scheduled Tribe category. His claim was invalidated by the Caste Scrutiny Committee by an order dated 26-11-2001. The petitioner filed Writ Petition No.3314 of 2002, which was dismissed on 30-9-2003 and it attained the finality.

3. By this petition, the limited relief of protection in service is claimed on the basis of the decision of the Apex Court in the cases of State of Maharashtra v. Milind and others, reported in (2001) 1 SCC 4, (“Milind's case”); State of Maharashtra v. Om Raj, reported in (2007) 14 SCC 488; and Sanjay Madhusudan Punekar v. State of Maharashtra and others, reported in 2002(2) Mh.L.J. 300, delivered by the Apex Court; and the decision o




































































































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