Shankar Sayaram Pallewar v. The State Of Maharashtra Through Its Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4578 OF 2023 SHANKAR SAYARAM PALLEWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Om. D. Totawad i/by Shri Thorat Chandrakant R.

AGP for Respondents 1 to 3/State : Shri P.S. Patil ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 20th April, 2023 Per Court :- 1.

The Petitioner is employed with Respondent No.4. He claims to be belonging to "Mannervarlu", Scheduled Tribe, category. His proposal forwarded for validation was closed in 2017 for the reason that there was a spelling mistake in the Scheduled Tribe certificate. The Petitioner approached this Court in Writ Petition No.8150/2017. By the judgment dated 07.08.2017, the corrected certificate was directed to be tendered and the Committee was directed to decide the claim of the

*2* Petitioner within one year.

2.

The learned AGP submits that recently, the Petitioner has tendered additional documents, which now have been referred to the Vigilance Cell attached to the competent Committee. He submits that the claim of the Petitioner would be positively decided within six months if the Petitioner cooperates. 3.

In view of the above, this Writ Petition is disposed off with the following directions:- (a) The competent Committee shall decide the claim of the Petitioner on or before 31.12.2023.

(b) The Petitioner would render wholehearted cooperation in the expeditious disposal of the claim and would refrain from seeking adjournments on unreasonable or trivial grounds, lest the Committee would be justified in progressing to the next stage in the proceeding.

(c) We direct Respondent No.4 not to terminate the services of the Petitioner only for the reason that his claim is pending, until 31.12.2023 or till the claim is decided, whichever is earlier.

(d) If the decision of the Committee is adverse to the Petitioner, the same shall not be effected for a period of 15

*3* (fifteen) days in order to enable the Petitioner to avail of the remedy as is permissible in law.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)