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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Writ Petition No. 180 of 2010
1) Sunil Vithalrao Kumbhre,
Major, Occupation - Service,
R/o 8th Mail, Ramji Ambedkar Nagar,
Dawalameti, Amravati Road,
Amravati.
2) Sudhakar Tulshiram Kodape,
Major, Occupation - Service,
R/o Patur, Nandapur,
Taluq and District Akola.
3) Damodar Kunjaram Kokate,
Major, Occupation - Service,
R/o Bhawna Apartment,
Flat No.207, Kamgar Nagar,
Police Line Takli, Nagpur.
4) Vijay Vithalrao Parteki,
Major, Occupation - Service,
R/o Tirumala Apartment,
Flat No.201, Godhani Railway
Road, Nagpur.
5) Mahesh Devchand Masram,
Major, Occupation - Service,
R/o Sadak Arjuni, Tq.Goregaon,
District Gondia. .. PETITIONERS
.. Versus ..
1) The State of Maharashtra,
through its Secretary,
Home Department, Mantralaya,
Mumbai.
2) The Director General of Police,
Maharashtra State, Mumbai.
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3) The Additional Director General
of Police, Wireless Division,
Maharashtra State, Pune.
4) Shri Dattatraya Atmaram Baviskar,
Police Inspector, (Wireless),
C/o Dy. Superintendent of Police,
Wireless, Kokan Region, Kokan,
District-Thane.
5) Shri Mahadeo Sambhaji Nikhare,
Police Inspector, (Wireless),
Main Controlling Station,
Wireless Division, Commissionorate
of Police, Greater Bombay.
6) Shri Dattatraya Patwaru Nandanwar,
Police Sub-Inspector, (Wireless),
Superintendent of Police, Wireless,
East Zone Office at Katol Road,
Nagpur.
7) Shri Rambhau Krushnaji Nimje,
Police Inspector, (Wireless),
R/o C/o Commissioner of Police
(City), Pune.
8) Shri Deepak Pandurang Parate,
Head Wireless Operator,
C/o GRP-Railway Police Station,
Bhusawal, District - Jalgaon.
9) Shri Raju Motiramji Khadge,
Head Wireless Operator,
C/o Office of Deputy Superintendent
of Police, Wireless, Malabar Hill,
Bombay.
10) Shri Mukund Ganpatrao Bokade,
Head Wireless Operator,
C/o Office of Deputy Superintendent
of Police, Wireless, Amravati Range,
Office at Near T.B. Hospital, Amravati.
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11)Shri Vinayak Pandurang Sonkusale,
Wireless Operator, C/o Office of
Superintendent of Police, Bhandara.
12)Subhash Gopalrao Rabbewar,
Police Wireless, Inspector, State
Reserve Police Force, Group No.4,
Nagpur, Hingna Road, Nagpur.
13)Shri Ram Sumant Pawnikar,
Police Wireless, Sub-Inspector,
C/o Police Inspector, Police Control
Room, Amravati Rural, Amravati.
14)Shri Chandrashekhar Vithobaji
Nandankar, Police Wireless,
Sub-Inspector, C/o Main Control
Room, Commissionerate of Police,
Greater Bombay.
15)Shri Kishor Manoharrao Sonkusare,
Police Wireless, Sub-Inspector,
C/o Office of Suptd. of Police,
Wireless, Katol Road, Nagpur.
16)Shri Ganesh Rohidas Khapekar,
Wireless Operator, C/o Assistant
Commissioner of Police, Wireless,
Nagpur City, Civil Lines, Nagpur.
17)Shri Pravin Baburao Nikhare,
Wireless Operator,
C/o Assistant Commissioner of
Police, Wireless, Nagpur City,
Civil Lines, Nagpur.
18)Shri Yashwant Mahadeoravo
Umredkar, Wireless Operator,
C/o Police Inspector, Wireless,
State Reserve Police Force Group
No.4, Nagpur, Hingna Road,
Nagpur.
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19)Shri Arun Pandharinath Sorte,
Wireless Operator, C/o Police
Inspector, Wireless, State Reserve
Police Force Group No.4, Nagpur,
Hingna Road, Nagpur.
20)Shri Vilas Rustamrao Sangle,
Police Sub-Inspector, Wireless,
C/o Office of Deputy Superintendent
of Police, Wireless, Malabar Hill,
Bombay.
21)Shri Dilip Vasantrao Lavhale,
Police Sub-Inspector, Wireless,
C/o Police Inspector, Wireless,
Chandrapur, District Chandrapur.
22)Shri Chandrapal Samersingh Thakur,
Head Wireless Operator,
C/o Police Inspector, Wireless,
Nagpur Rural, Nagpur.
23)Shri Bharat Eknath Salgaonkar,
Police Wireless, Sub-Inspector,
C/o Office of Deputy Superintendent
of Police, Wireless, Malabar Hill,
Bombay.
24)Shri Sambhaji Eknath Salgaonkar,
Police Wireless, Sub-Inspector,
C/o Police Inspector, Wireless,
State Reserve Police Force
Group No.5, Daund, District Pune.
25)Shri Ramesh Murlidhar Shirsat,
Police Inspector, Wireless Control
Station, C/o Office of Deputy
Superintendent of Police, Wireless,
Malabar Hill, Bombay .. RESPONDENTS
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Mr. V.M. Kulsange, Advocate for petitioners,
Mr. N.S. Khubalkar, Advocate for respondents 1 to 3.
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CORAM:-S.A.BOBDE AND
SMT. VASANTI A. NAIK, JJ.
DATED :-21-01-2010.
ORAL JUDGMENT (Per S.A. Bobde, J)
1. Rule, returnable forthwith. Heard by consent of the
parties.
2. The petitioners have approached this Court with a prayer
to direct the State of Maharashtra to enquire into the caste
claim made by the respondents 4 to 25 in respect of their entry
in the Department and with a further prayer that the caste
claim if found to be false, to remove them from service.
3. The petitioners are working in the same Department and
according to them, they are adversely affected because of the
posts occupied by the respondents 4 to 25.
4. Mr. Khubalkar, learned A.G.P. for respondents 1 to 3
submits that the jurisdiction to decide this dispute lies with the
Maharashtra Administrative Tribunal under the Administrative
Tribunals Act, 1985. The learned A.G.P. has referred to Section
3(q) of the Act which defines service matters as follows :-
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“service matters”, in relation to a person, means all
matters relating to the conditions of his service in connection
with the affairs of the Union or of any State or of any local or
other authority within the territory of India or under the control
of the Government of India, or, as the case may be, of any
corporation (or society) owned or controlled by the
government, as respects-
(I) remuneration (including allowances), pension and
other retirement benefits;
(II) tenure including confirmation, seniority, promotion,
reversion,
superannuation;
premature retirement and
(iii)leave of any kind;
(iv)disciplinary matters; or
(v)any other matter whatsoever;
There is no doubt that the dispute is a service matter
since it relates to the conditions of service of the respondents 4
to 25 as well as the petitioners. Further Section 15 of the Act
confers the jurisdiction, power and authority exercisable by all
Courts including this Court on the State Administrative
Tribunals.
5. It is not possible to accept the contention of the learned
Advocate for the petitioners that merely because the
petitioners have prayed for a direction that the caste claim be
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decided, the matter should be entertained by this Court. In the
present case, the issue whether the respondents 4 to 25 belong
to a particular caste has been raised by the petitioners with
reference to the conditions of service of the respondents 4 to
25. Therefore, having regard to the provisions of Section 15 of
the Administrative Tribunals Act, 1985, it must be held that the
Maharashtra Administrative Tribunal has jurisdiction, power and
authority to refer the caste claim of the respondents 4 to 25, if
found necessary to
ig the Caste Scrutiny Committee in
accordance with law. There is no dispute that this Court had
the power to do so before the enactment of the Administrative
Tribunals Act, 1985. After the enactment, that power vests in
the Maharashtra Administrative Tribunals since that power is
involved in a service matter. Accordingly, this petition is
dismissed with liberty to the petitioners to approach the
Maharashtra Administrative Tribunal for appropriate reliefs in
accordance with law.
Rule discharged.
JUDGE JUDGE
adgokar
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