Aruna Arjun Gangavane @ Mrs. Varsha Vasant Maske v. State Of Maharashtra Thr. Secretary Tribal Development Detp. And ORS

17-IA-803-2022.doc shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1803 OF 2022 IN WRIT PETITION NO.5189 OF 2015 Aruna Arujun Gangavane & ] Ms. Varsha Vasant Maske ] Petitioner Vs.

State of Maharashtra through ] Secretary Tribal Development ] Department and others.

] Respondents .....

Mr. R.K. Mendadkar a/w Mr. Tanaji Jadhav, for Applicant. Ms. P.J. Gavhane, A.G.P, for Respondent - State. .....

CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATE : 1ST APRIL, 2022.

P.C.

1.

Heard.

2.

This Court vide it'

s order dated 24th July, 2017 has granted interim relief to the petitioner, although, it has been made clear the petitioner would not be entitled for any promotional benefits under the Scheduled Tribes category and children of the petitioner would also not be entitled to avail of such benefits. SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.04.01 17:59:41 +0530

17-IA-803-2022.doc 3.

It is clear from this order that service of the petitioner is duly protected although, she would not be entitled to be promoted by claiming that she belongs to Schedule Tribe category. Yet, as submitted by the learned Counsel for the applicant, an attempt is being made to withhold salary and allowances which are part of the salary payable to the petitioner from March, 2022. If any such attempt is being made, it would be in breach of the interim protection granted to the applicant on 24th July, 2017 and, we, therefore, direct respondent No.3 to refrain from entering into breach of the interim protection granted to the applicant on 24th July, 2017. Respondent No.3 also would not stop salary and allowances which are part of the salary payable to the petitioner. 4.

Interim Application is disposed of.

[G.A. SANAP, J.] [SUNIL B. SHUKRE, J.]