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Bombay High Court

SWAPNIL ANIL BALWANTversusTHE STATE OF MAHARASHTRA THR SUB DIVISIONAL MAGISTRATE AND ORS

Disposal
DISPOSED OFF

Holding

The protection granted by sub‑section (5) of Section 10 shields a government employee from termination for 30 days after the Appellate Authority’s decision, rendering the petition unnecessary.

Summary

The petitioner, a government employee, challenged a court order that declared his caste claim invalid, fearing termination because he was appointed to a post reserved for Scheduled Tribes. The order was issued after the appointment of an Appellate Authority under Section 6B of the Maharashtra Act No. XXXVIII of 2026. The Court examined sub‑section (5) of Section 10, which provides a statutory protection of 30 days to a person in service after the Appellate Authority’s decision, irrespective of any appeal period. Although the impugned order did not mention this protection, the Court held that the statutory shield automatically applies, eliminating any real apprehension of dismissal. Consequently, the Court directed the petitioner to approach the Appellate Authority and disposed of the writ petition.

Issues considered

  • Whether the petitioner’s apprehension of termination is tenable despite the order invalidating his caste claim.
  • Whether the protection under sub‑section (5) of Section 10 of the Maharashtra Act applies notwithstanding its omission in the impugned order.
  • Whether the petitioner must first approach the Appellate Authority before seeking relief from the High Court.

Legislation cited

Subjects

  • caste claim
  • Scheduled Tribe reservation
  • service protection
  • Appellate Authority
  • termination of employment
  • Section 10 protection
  • High Court writ petition

Judgment

2026:BHC-AUG:42663-DB

                                                                             11-WP.12370.2026.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 11 WRIT PETITION NO. 12370 OF 2026

                                         Swapnil Anil Balwant
                                              VERSUS
                  The State Of Maharashtra Thr Sub Divisional Magistrate And Ors
                                                  ...
                Ms. Manjiri A. Kulkarni, Advocate for Petitioner.
                Mr. S. B. Pulkundwar, AGP for Respondent-State.
                                                  ...


                                                  CORAM : KISHORE C. SANT &
                                                          JITENDRA JAIN, JJ.
                                                  DATE     : 15th SEPTEMBER, 2026

                PER COURT :

                1.       Heard learned Advocate for the petitioner and learned AGP for

                the State.


                2.       The   petitioner   has   challenged   an   order   holding        the

                petitioner’s caste claim to be invalid. The petitioner is in service with

                respondent no.3. The apprehension now expressed is that, in view of

                invalidation of the caste claim, respondent no.3 would terminate the

                services of the petitioner, as the petitioner was appointed against a

                post reserved for a person belonging to Scheduled Tribe. The

                impugned judgment and order is dated 24.08.2026, i.e. after the

                appointment of Appellate Authority under Section 6B Maharashtra

                Act No.XXXVIII of 2026. This Court finds that the apprehension is


                Sayyed                                                                              1/2
                                                             11-WP.12370.2026.doc


misplaced in view of sub-section (5) of Section 10, which provides

protection to a person in service for a period of 30 days, after the

decision of the Appellate Authority and even if no appeal is provided

for 30 days after the limitation is over i.e. 90 days plus 30 days.


3.       The learned Advocate for the petitioner, however, submits that

this protection is not mentioned in the order and on the contrary

there is a stipulation directing respondent no.3 to take action. Be that

as it may, once the statute grants such protection, there is no question

of having any apprehension in the mind of petitioner.


4.       On this itself, petition can be disposed of conveniently by

directing the petitioner to approach the Appellate Authority. Needless

to say, the protection shall continue till the appeal is decided and 30

days thereafter.


5.       Petition stands disposed off.



 (JITENDRA JAIN, J.)                           (KISHORE C. SANT, J.)




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