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Bombay High CourtWP/3025/2024disposed off

Govind Narsing Gundwad v. The State Of Maharashtra Through Its Secretary And Others

2024-03-19Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:6653-DB ( 1 ) wp3025.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO. 3025 OF 2024 GOVIND NARSING GUNDWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.O.B. Boinwad, Advocate for the Petitioner. Mr.A.B. Girase, Government Pleader for Respondent Nos. 1 & 2/State. Mr.A.M. Gaikwad, Advocate for Respondent No.3.

CORAM

: RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATED : 19.03.2024 PC :- 01.

The Petitioner has entered service with Respondent No.3 on the basis of his claim of belonging to "Koli Mahadeo" - Scheduled Tribe. His claim for validation is pending before the Competent Committee. Since he has secured employment on the basis of such claim and has not tendered Validity Certificate, he is in receipt of a Show Cause Notice by the employer dated 14.02.2024, intimating him that he would be terminated from service, if the Validity Certificate is not tendered.

02.

The learned Advocate for the Petitioner submits, on instructions, that the Petitioner would tender an affidavit undertaking to the employer as well as to this Court, declaring that he would not claim increments/pay fixation/pay revision/promotion/service benefits etc. until his claim is validated.

( 2 ) wp3025.24 03.

In view of the above, this Petition is disposed off with the following directions :- a) The Petitioner would tender an affidavit undertaking as noted above, in this Court as well as with Respondent no.3, within 30 days from today.

b) On the condition of filing such an affidavit undertaking, Respondent No.3 shall not terminate the service of the Petitioner, solely for the reason that his claim is pending validation.

c) The Committee makes a statement that the claim of the Petitioner would be decided on or before 31.03.2025. As such, let the Committee deliver a final order on or before 31.03.2025.

d) Since the Petitioner is filing an affidavit undertaking, if an adverse order is passed against the Petitioner, same would be effective 15 days after it is pronounced.

[R.M. JOSHI,J.] [RAVINDRA V. GHUGE,J.] snk/2024/MAR24/wp3025.24