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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 4468 OF 2011

WITH

CIVIL APPLICATION NO. 3197 OF 2012

Shantaram Sitaram Sonawane

.. Petitioner

Versus

The State of Maharashtra and Others

.. Respondents

Shri A. G. Talhar, Advocate for the Petitioner

Shri S. A. Ambade, A. G. P. for the Respondent No. 1 and 3

Shri R. P. Phatke and P. S. Patil, Advocate for the Respondent

No. 2

Shri R. J. Godbole, Advocate for the Respondent No. 4

CORAM : S. V. GANGAPURWALA AND

A. I. S. CHEEMA, JJ.

DATE : 30TH APRIL, 2015.

PER COURT :

1.

The petitioner assails the order of the Committee

invalidating his Tribe claim as belonging to ‘Tokare Koli’

Sheduled Tribe. During the pendency of the writ petition the

petitioner is terminated on account of invalidation of the Tribe

Claim. The said order of termination is also assailed in the

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present writ petition.

2.

Mr. Talhar the learned counsel on instructions of the

petitioner, who is present in the Court makes a statement that

petitioner is ready to forego his claim as belonging to ‘Tokare

Koli’ Sheduled Tribe and would accept the judgment of the

Committee. The learned counsel submits that, the petitioner is

also ready to forego the back wages and also undertakes that he

will not claim any promotion after he is reinstated on his original

post of Assistant Teacher. Further the Management should

reinstate the petitioner in June, 2015 in any of its Institution,

wherever vacancy arises in June, 2015.

3.

Mr. Godbole the learned counsel for the Institution

submits that, the Institution is ready to reinstate the petitioner

in June, 2015 on a vacant post which would be available in any of

its school as a Assistant Teacher provided the petitioner does not

claim back wages and would not claim further promotion in what

so ever capacity.

4.

As the judgment of the Committee is accepted by the

petitioner invalidating his Tribe claim the said judgment stands

confirmed and upheld. The petitioner henceforth shall not be

entitled for the benefit of reservation in service or in any walk of

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life. The entry of this order shall be taken in the Service Book of

the petitioner.

The impugned order dated 20.02.2012

terminating the petitioner is quashed and set aside. The

respondent Institution shall reinstate the petitioner in service on

his original post in June, 2015. The petitioner shall not be

entitled for the back wages from the date of termination till 31

st

May, 2015. However, the period from termination till the date of

reinstatement shall be considered for the purpose of continuity

and further monetary benefits including retiral benefits. The

petitioner shall not be entitled for the promotion as is agreed by

the petitioner.

5.

The petitioner shall be entitled for the scale which he

was drawing at the stage of termination from the date of

reinstatement.

6.

Writ Petition accordingly disposed of.

Civil

Application also disposed of. No costs.

[ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ]

sam/April. 15