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Termination notice on the ground of change of caste category
03-Jan-2023 (In Labour & Service Law)
Resp sir My appointment was 16th Aug 2005 on teacher's post on obc category of caste lohar. Then i make varification in 2007 but before that lohar caste category change obc to nt-b.bindunamavali at backward class commission aurangabad termination notice given to me. What can I do now?
If your appointment was done on 16.08.2005, the Lohar community did fall under OBC category. Now as of today's date, Lohar falls under OBC as well as under NT-B community. Lohar falls under list No.266 as Lohar which includes Gada, Dodi, Panchal, Khatawali under the OBC category.
Under the NT-B category Lohar falls under Ghisadi, Ghisadi Lohar or Gaadi Lohar or Chitodi Lohar or Rajput Lohar, Panchal Lohar, Khali, Khatwadhi, Jinagar, Chitodiya Lohar (after June, 2008).
If you were handed over the teacher's post under OBC category in the year 2005, then you can file a writ petition in the High Court claiming wrongful termination of service. Once you file a Writ Petition in the High Court, the court will grant a stay to the termination notice. Also, if you fall under list No.266 as Lohar which includes Gada, Dodi, Panchal, Khatawali under the OBC category, then your service is safe and the termination notice is null and void. And thereby you can apply for caste verification certificate as well.
Under the NT-B category Lohar falls under Ghisadi, Ghisadi Lohar or Gaadi Lohar or Chitodi Lohar or Rajput Lohar, Panchal Lohar, Khali, Khatwadhi, Jinagar, Chitodiya Lohar (after June, 2008).
If you were handed over the teacher's post under OBC category in the year 2005, then you can file a writ petition in the High Court claiming wrongful termination of service. Once you file a Writ Petition in the High Court, the court will grant a stay to the termination notice. Also, if you fall under list No.266 as Lohar which includes Gada, Dodi, Panchal, Khatawali under the OBC category, then your service is safe and the termination notice is null and void. And thereby you can apply for caste verification certificate as well.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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