1 WP 5671.2013 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5671 OF 2013 1) President/Secretary, Adiwasi Vikas Society, Sondabhi (Van), Tah. Umarkhed, District-Yavatmal. 2) Head Mistress, Sitamay Deshmukh Vidyalaya, Vidul, Tah. Umarkhed, District-Yavatmal. .. Petitioners .. Versus .. 1) Education Officer (Secondary), Zilla Parishad, Yavatmal, District-Yavatmal. 2) Ku. Chhanna Thamma Sabale, Aged about 37 years, Occupation-Peon, R/o. Vidul, Tah. Umarkhed, District-Yavatmal. 3) Presiding Officer, School Tribunal, Amravati Division, Amravati. .. Respondents ………. Mr. V.N. Patre, Advocate for Petitioners. Ms. P.T. Joshi, AGP for Respondent Nos.1 and 3. Mr. N.R. Saboo, Advocate for Respondent No.2. ……….. CORAM : PRAVIN S. PATIL, J. DATED : 13.10.2026. 2026:BHC-NAG:13842 2 WP 5671.2013 JUDGMENT 1. The petitioners-management approached before this court to challenge the judgment and order passed by the Presiding Officer, School Tribunal, Amravati dated 28.08.2013 passed in Appeal No.5/2013 whereby the directions were issued to the petitioners-management to reinstate the respondent no.2- employee on her former post of Peon with all consequential benefits of service. 2. The contention of the petitioners-management in the present petition is that due to non furnishing of the caste validity certificate of caste ‘Naikda’ which comes under the Scheduled Tribe category, services of respondent no.2 were terminated. The said termination was issued by taking into consideration the judgment of the Hon’ble Supreme Court of India. 3. During the pendency of the present petition, the respondent no.2-employee has moved Civil Application (CAW) No.445/2016 before this court praying thereby that the petitioners-management be directed to forward her caste claim 3 WP 5671.2013 to the Scrutiny Committee for verification. This court by order dated 10.06.2016 passed the order that in case the respondent no.2-employee submitted all available documents to the petitioners-mangement within a period of ten days, the petitioners-management shall forward the same to the Scrutiny Committee within a further period of ten days. Accordingly, the caste claim of the respondent no.2-employee was forwarded to the Scrutiny Committee. The Caste Scrutiny Committee by its order dated 13.09.2022 has rejected the caste claim of respondent no.2 which was forwarded by the petitioners- management. After the rejection of the caste claim, the respondent no.2-employee by relying upon Government Resolutions dated 21.12.2019 and 14.12.2022, requested the management to consider her claim on a supernumerary post as her caste claim is rejected. However, the said request was not considered by the petitioners-management. 4. In the light of this factual aspect, the respondent no.2- employee has moved Civil Application (CAW) No.2420/2026 before this court seeking direction against the petitioners- management to consider the services of respondent no.2- 4 WP 5671.2013 employee on supernumerary post with all consequential benefits of service. 5. Petitioner-management come with a submission that if the respondent no.2-employee is ready to waive her claim for back-wages, the management is ready to consider the case of the respondent no.2-employee on supernumerary post as per the policy framed by State Government. 6. In pursuance of the same, the respondent no.2 has furnished the undertaking dated 09.10.2026, which is taken on record and marked as ‘X’ for identification. The respondent no.2 in her undertaking stated that she is waiving her claim for backwages subject to her claim for continuity of service and other consequential service benefits. The petitioners- management, considering the undertaking of the respondent no.2-employee, are ready to accommodate the services of the respondent no.2-employee on supernumerary post in the light of the Government Resolution dated 21.12.2019 and 14.12.2022. 5 WP 5671.2013 7. It is also pointed out that during the pendency of the present petition, the Education Officer has already issued the communication to the Headmaster of the school on 24.04.2020 stating that the services of the respondent no.2 can be accommodated on the supernumerary post, but the said communication was not considered by the petitioners- management. In the light of this submission of all the parties, the following order is passed in the order. O R D E R (i) The impugned judgment and order dated 28.08.2013 passed by the Presiding Officer, School Tribunal, Amravati is hereby modified as under : The petitioners-management shall accommodate the services of the respondent no.2-employee on supernumerary post in terms of the Government Resolution dated 21.12.2019 and 14.12.2022 by granting the consequential benefits of service as permissible under the provisions of law, except the back-wages, from the date of termination till her joining on supernumerary post. (ii) The petitioner no.2-school is directed to allow the respondent no.2-employee to join her service on a supernumerary post by issuing a specific order in that regard within a period of 15 days and after joining of the respondent 6 WP 5671.2013 no.2 on supernumerary post, forward her proper proposal to the respondent no.1-Education Officer within a period of 15 days for further approval. (iii) The Education Officer, after receipt of said proposal, shall decide the same within a period of 45 days and communicate the same to the parties. (iv) With this direction, the petition stands disposed of. No costs. (Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: Senior Pvt. Secretary Date: 15/10/2026 10:26:01