Shriram Vishwanath Bhuttapale v. The State Of Maharashtra Through It Secretary And Another

2024:BHC-AUG:9518-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4544 OF 2024 Shriram Vishwanath Bhuttapale

VERSUS

The State Of Maharashtra Through It Secretary And Another ...

Mr. Kalyan Patil h/f Mr. S. R. Barlinge, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : MAY 02, 2024 PER COURT :

1.

The Petitioner joined employment as a Class IV employee with the Zilla Parishad, Kolhapur on 15.07.2014. His proposal for seeking validation of his claim of belonging to the Koli Mahadeo Scheduled Tribe is pending since 29.01.2015. The Petitioner claims that his cousins from the paternal side, namely, Madhav Ramchandra Bhuttapale and Datta Ramchandra Bhuttapale, have received validity certificates and in their vigilance cell inquiry, the name of the Petitioner has been mentioned.

2.

The learned AGP submits, on instructions, that the claim of the Petitioner would be decided within a

year.

3.

The Petitioner is in employment and he needs a validity certificate, not only for promotion, but also to sustain his service since he has joined a post which was reserved for the ST category.

4.

In view of the above, this Writ Petition is disposed off with the following directions:

A) The Petitioner agrees to enter into correspondence with the Committee on the following e-mail address and Whats App Numbers:

Mobile Nos. 8275936205 & 9579044079 E-mail ID: shrirambhuttapalle007@gmail.com B) The Petitioner would tender an affidavit/undertaking to the employer and a copy in this Court, within 30 days from today, declaring therein he would not claim any increment/pay fixation/promotion/pay revision/service benefit etc, until his claim is validated.

C) The Petitioner shall render wholehearted cooperation to the Committee and would not seek adjournments on unreasonable grounds, especially after the vigilance cell report is tendered.

D) The Petitioner would enter into correspondence with the Committee through his Email address and whats app number

which would amount to proper service.

E) Let the claim of the Petitioner be decided on or before 31.12.2024.

F) If an adverse order is passed against the Petitioner, the same shall not be effective for 30 days keeping in view that the Petitioner is tendering the affidavit/undertaking as directed herein above.

G) A copy of this order shall be served by the Petitioner on the CEO, Zilla Parishad as well as his immediate employer, along with the copies of the affidavit/undertaking.

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