Attam Balaji Pokle v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 634 OF 2016 Attam s/o Balaji Pokle, Age 27 years, Occu: Service, R/o Telangwadi, Tq. Kandhar District Nanded ... Petitioner

VERSUS

1.

The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2.

The Divisional Joint Director of Agriculture, Amarawati Division, Nagpur, Dist. Nagpur 3.

The District Superintending Agricultural Officer, Wardha, District Wardha.

4.

The Technical Officer, Biological Pest Control Laboratory, Seloo, Tq. Seloo,District Wardha.

5.

The Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director (R), Aurangabad.

... Respondents.

Mr. Sunil M. Vibhute, Advocate for the Petitioner, Mr. M. B. Bharaswadkar, Advocate for the Respondents

CORAM

: R. M. BORDE & K. L. WADANE, JJ.

DATE :

5th July, 2016 ORDER:

1.

Heard the learned counsel for the petitioner and 1/3

learned AGP for the respondents.

2.

Rule. Rule made returnable forthwith and the petition is heard for final disposal by the consent of learned counsel for the respective parties.

3.

The petitioner claims to belong to Mannervarlu, Scheduled Tribe and has been appointed as a Krishi Sevak(Agricultural Assistant)against the post reserved for Scheduled Tribe category. The tribe certificate issued to the petitioner has been referred for validation to Respondent No.5 Committee and the validation proceeding in respect of the tribe certificate is stated to be pending with the Committee since 11.09.2013. It is informed that the Committee has not yet decided the matter.

4.

In the facts of the case, respondent No.5 Committee is directed to decide the validation claim in respect of the tribe certificate issued to the petitioner as expeditiously as possible, preferably within a period of eight months from today.

5.

The petitioner contends that he has completed three years service as Krishi Sevak (Agricultural Assistant) and as such, in view of clause (6) of the 2/3

appointment order, his claim shall have to be considered for regularization. Clause 6 of the appointment order stipulates regularization of the employee on completion of three years satisfactory service, subject to availability of posts. The respondents shall take appropriate decision in respect of regularization of services of the petitioner subject to the decision in respect of validation of tribe claim pending with the Scrutiny Committee, as early as possible, preferably within a period of eight weeks from today.

6.

With the directions as above, writ petition is disposed of. Rule is accordingly made absolute. There shall be no order as to costs.

(K. L. WADANE, J.) (R. M. BORDE, J. ) JPC 3/3