Kapil Ramchandra Walkale v. The State Of Maharashtra Thr Its Secretary And Others

3290.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 WRIT PETITION NO.3290 OF 2021 KAPIL RAMCHANDRA WALKALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr.P.V. Jadhavar, the advocate for the petitioner. Mr.S.R. Yadav, A.G.P. for respondent nos.1 and 2. Mr.H.V. Patil, advocate for respondent nos.3 to 5. ...

CORAM : RAVINDRA V. GHUGE & S.G.DIGE, JJ.

DATE : 08.04.2022 P.C. :

1.

The petitioner is before us seeking a direction to respondent no.2 - Scrutiny Committee to decide the tribe claim of the petitioner as belonging to Koli Mahadev, scheduled tribe, as early as possible. His claim is pending since 19.01.2016. He is appointed on contractual basis as a Gram Sevak on 07.05.2015, on a reserved post. His tenure of contractual Gram Sevak has ended on 06.05.2018 and he approached this Court on 27.01.2021.

2.

In view of the above, this petition is disposed off with the following directions :- (a) Respondent no.2 - Scrutiny Committee shall decide the claim of the petitioner, as expeditiously as possible, on or before 30th September, 2022.

3290.21WP (b) The petitioner shall extend fullest cooperation and the Committee shall not adjourn the matter on unreasonable request for adjournment.

(c) If such adjournments are sought, the Committee is at liberty to proceed to the next stage of the proceedings. (d) Since the petitioner has approached this Court after three years of his completion of contractual tenure as Gram Sevak, we are not inclined to grant full pay scale at this stage.

(e) Needless to state, if the petitioner would be entitled for all benefits, the same shall be paid to him with retrospective effect if his claim is validated. (S.G.DIGE, J.) (RAVINDRA V. GHUGE, J.) SGA