Pandit Vanji Saindane v. The State Of Maharashtra Through Secretary And Other

2024:BHC-AUG:6510-DB 977-WP-3074-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3074 OF 2024 Pandit Vanji Saindane

VERSUS

The State Of Maharashtra Through Secretary And Other ...

Mr. D. D. Choudhari, Advocate for the Petitioner Ms. Neha Kamble, AGP for Respondents ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : MARCH 20, 2024 PER COURT :

1.

Leave to add the employer Somaiyya Vidya Vihar, Ghatkopar as Respondent.

2.

The Petitioner has secured employment on the basis of his claim of belonging to 'Tokare Koli' a scheduled tribe. He is 54 years of age. His claim for issuance of a validity certificate is pending. He has put in 28 years of service without a validity certificate.

3.

This Writ Petition is disposed off with the following directions:

(a) The claim of the Petitioner shall be decided by the competent Committee on its

977-WP-3074-2024.odt own merits on or before 30.09.2024.

(b) The Petitioner shall tender an affidavit/undertaking to this Court as well as to the employer that he would not claim any increments, pay revision, pay fixation, promotion, service benefits, etc, until his claim is validated. On the condition of filling such affidavit/undertaking, we direct the employer of the Petitioner i.e., Respondent No. 4 herein not to terminate services of Petitioner in view of the affidavit/undertaking until the claim is decided by the Committee.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani