Datta Devidas Pokle v. The State Of Maharashtra And Others

24_WP119217.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1192 OF 2017 WITH WRIT PETITION NO. 1193 OF 2017 Hanmant Pandhari Shettiwar ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.M. Vibhute, Advocate for petitioner.

Mr. P.S. Patil, A.G.P. for Respondent Nos. 1, 2 and 5. Mr. Arvind Deshmukh, Advocate for Respondent Nos. 3 and 4. ....

CORAM : S.V. GANGAPURWALA AND K.L. WADANE, JJ.

DATED : 01st MARCH, 2017 ORDER :

1.

The claim of the petitioners is referred to the committee. Learned A.G.P. submits that on the ground that spelling of tribe Mannervarlu is incorrectly spelled in the tribe certificate, validation proceedings are disposed of and the tribe certificate is canceled. 2.

Learned Counsel for petitioner submits that as far as petitioner in Writ Petition No. 1192 of 2017 is concerned, this Court has already directed the authority by order dated 15th February, 2017 in Writ petition 1 / 2

24_WP119217.odt No. 2197 of 2017 to issue corrected tribe certificate and the same be referred to the committee and in case of petitioners in Writ Petition No. 1193 of 2017, the relevant matter i.e. Writ Petition No. 2790 of 2017 is due tomorrow.

3.

The petitioner seeks regular pay scale on completion of probation period. Considering the above, we pass following order :

O R D E R

The Education Officer shall consider the proposal forwarded by the management seeking regular pay scale and confirmation in services. Same shall not be rejected on the ground of pendency of validation proceeding. The Education Officer may consider the said proposal and pass the order subject to decision of the committee in the validation proceeding. The petitioners will not be entitled to claim any equity, in case the claim is invalidated subsequently. Writ petition accordingly disposed of. No costs.

( K.L. WADANE, J. ) ( S.V. GANGAPURWALA, J. ) SSD 2 / 2