Termination of employment for non-submission of caste certificate is unsustainable if the delay is due to administrative inaction; a party cannot be penalized for an impossible act.

JUDGMENT :

ABASAHEB D. SHINDE, J.

1. Rule. Rule made returnable forthwith. By consent of the parties, heard finally at the stage of admission.

2. By this writ petition under Article 226 of the Constitution of India, the petitioner has put forth the following prayers : -

“A) Issue Writ of Certiorari and/or any other appropriate Writ, Order or in the like nature, thereby quash and set- aside impugned order passed by Resp.no.1 thereby terminated Services of petitioner as “Junior Engineer” dated 22/08/2025.

B) By issuing appropriate Writ or Order in the like nature thereby reinstate the petitioner on his post as Junior Engineer officiating prior to 22/08/2025 with continuity of Services and all benefits.

C) Issue Writ of Mandamus and / or any other appropriate Writ or Order in the like nature thereby direct the Resp. No.4 – Scrutiny Committee to expeditiously decide Tribe Claim of the Petitioner being “Tokre Koli”, Schedule Tribe which is pending from 22/08/2017.

D) Grant Stay to the effect, operation and implementation of impugned Order passed by Respondent No.1 Employer removing petitioner from services from 22/08/2025 and consequentially reinstate the petitioner on his post as Junior Engineer officiating prior to 22/08/2025 with continuity of Services and all benefits, pending hearing and final disposal of instant petition.”

3. At the outset the petitioner has categorically averred that the respondent No.4 – Caste Scrutiny Committee against which directions are sought for deciding petitioners caste claim expeditiously is situated at Chhatrapati Sambhajinagar. It is thus submitted that both these aspects constitute a part cause of action within a territorial jurisdiction of this Court. Considering the fact that part cause of action arose within the territorial jurisdiction of this Court we are inclined to entertain this writ petition.

4. Coming on the merits of the matter, the petitioner claims to belong to the ‘Tokre Koli’, Scheduled Tribe. It is further contended that the respondent No.1 appointed the petitioner as a Junior Engineer from Scheduled Tribe reserve category vide appointment order dated 25-01-2017. It is his case that while he was in service, his caste claim was submitted by his employer to respondent No. 4 – Caste Scrutiny Committee for verification. The proposal for verification of his caste claim was forwarded on 11/22-08-2017, and since then it is pending before respondent No. 4- Caste Scrutiny Committee.

5. The petitioner contends that respondent No. 4 has not decided his caste claim, as a result of which he is unable to submit the caste validity certificate to respondents No. 2 and 3, where he is presently posted by the respondent No.1. During the pendency of the said claim, respondent No. 1 issued the impugned order dated 22/08/2025, thereby terminating the petitioner’s service as Junior Engineer solely on the ground of non-submission of the caste validity certificate.

6. It is further submitted that the petitioner had initially approached the Maharashtra Administrative Tribunal (MAT). However, since MAT could not have issued directions to respondent No. 4 – Caste Scrutiny Committee to decide the caste claim, the petitioner withdrew the original application and has now approached this Court.

7. Heard the learned Counsel for the petitioner, the learned Counsel for respondents No. 2 and 3, and the learned AGP for the respondent/State.

8. The learned Counsel for the petitioner contends that it is not the petitioner’s fault that respondent No. 4 has not decided his caste claim, as the timing of such decision is b