Sandhya Bhanudas Thakur @ Smt. Sandhya Suryakant Thakur v. Stsae Of Maharashtra Thr. Secretary Tribal Development Dept. And ORS

23-IA-285-2022 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 285 OF 2022 IN WRIT PETITION NO. 6626 OF 2017 Sandhya Bhanudas Thakur .. Applicant Vs.

State of Maharashtra & Ors.

.. Respondents Ms.

Priyanka Shaw i/by Mr.

R.

K.

Mendadkar for applicant/petitioner.

Ms. R. A. Salunkhe, AGP for respondent nos.1 and 2/State. Mr. S. S. Panchpor a/w Mr. Mayur Jadhav for respondent no.4.

CORAM: DIPANKAR DATTA, CJ. & MADHAV J. JAMDAR, J.

DATE : OCTOBER 20, 2022 P.C.:

1.

In the writ petition an order passed by the Caste Scrutiny Committee invalidating the caste certificate of the petitioner is under challenge.

2.

During the pendency of the writ petition, the petitioner has retired on superannuation. By filing Interim Application No. 285 of 2022, she seeks an order on the respondents to release provisional pension in her favour.

3.

We are of the view that so long the petitioner does not obtain an order from this Court setting aside the impugned decision of the Caste Scrutiny Committee as well as for issuance of caste validity certificate in her favour, she is not

23-IA-285-2022 entitled to any retiral benefit in view of the decision of the Supreme Court in R. Vishwanatha Pillai vs. State of Kerala & Ors., reported in (2004) 2 SCC 105.

4.

The interim application stands dismissed. No costs. WRIT PETITION NO.6626 OF 2017 The writ petition be listed for final hearing on 6th December, 2022.

(MADHAV J. JAMDAR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2022.10.20 18:29:45 +0530 PRAVIN DASHARATH PANDIT