Bombay High CourtWP/11989/2015allowed

Rekha Ashok Thakur v. State Of Maharashtra Through Its Secretary And ORS

2018-02-27Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice B.R. Gavai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11989 OF 2015 Rekha Ashok Thakur ..Petitioner

Versus

State of Maharashtra and others ..Respondents Mr. Chintamani K. Bhangoji i/by Mr. R. K. Mendadkar & Ms. Helen N. Koli, Advocate for the Petitioner.

Mr. S. B. Kalel, AGP for Respondent Nos.1 to 3. Mr. Bhushan U. Tayade, Advocate for Respondent No.4. CORAM : B. R. GAVAI & SMT. BHARATI H. DANGRE, JJ.

DATE : 27th FEBRUARY, 2018 P.C.

1] Rule. Rule made returnable forthwith. Heard by consent. 2] The Petitioner has approached this Court with two fold grievances. Firstly, that though her claim is pending before the Respondent No.2 - Committee for a considerable period of time, the same is not decided. Secondly, that on account of Respondent No.2 - Committee not deciding the claim of the Petitioner, the Respondent Nos.3 and 4 are not releasing salary of the Petitioner. 3] It is not in the hands of the Petitioner within how much time,

the Respondent No.2 - Committee decides claim of the Petitioner. An affidavit has been filed by one Shivprasad Mukundrao Kakde, stating therein that Respondent No.2 - Committee would decide claim of the Petitioner within a period of three months from today. 4] In that view of the matter, the Petition is allowed in the following terms :- I) The Respondent No.2 - Committee shall decide claim of the Petitioner as expeditiously as possible, preferably within a period of three months from today. II) The Respondent Nos.3 and 4 shall not withhold salary of the Petitioner only on the ground of non-submission of Caste Validity Certificate and shall continue to pay salary of the Petitioner until claim of the Petitioner is decided by the Respondent No.2 - Committee.

III) It is further directed that the protection granted to the Petitioner shall continue further for a period of three weeks, in the event decision of the Respondent No.2 - Committee is adverse to the interest of the Petitioner.

IV) The Petitioner to remain present before the Respondent No.2 - Committee on 12th March 2018 and as such, requirement of common notice shall stand waived.

[SMT. BHARATI H. DANGRE, J.] [B. R. GAVAI, J.]