2012 LAB. I. C. 2786 ::2012 (4) AIR Bom R 327

Bombay High Court

Hon'ble Judge(s): A. M. Khanwilkar, S. S. Shinde , JJ

( A ) Constitution of India Art. 14 , 16 — Appointment — Reservation in favour of OBC candidate — Candidate claiming to be belonging to Hindu Vaishya Wani Caste — Inclusion of Vaishya Wani in list of OBC category was set aside by High Court on 1-10-2010 — Government Resolution dated 19-7-2011 protected services of persons belonging to Vaishya Wani and Kulwant Wani castes already appointed against OBC reservation — Candidate not entitled to benefit of Government Resolution as she was not appointed prior to date of High Court decision i.e. 1-10-2010 — Fact that in future Vaishya Wani Caste is likely to be included in the list of OBC, pursuant to recommendation to be made by Backward Class Commission, will not be of any avail to candidate — That inclusion will be prospective inclusion — Government Resolution protecting services of persons already appointed cannot be said to be discriminatory. (Paras7)