Dipali Ashok Parlikar v. The State Of Maharashtra And Others

{1} wp4701.14.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4701 OF 2014 Dipali d/o Ashok Parlikar Petitioner

Versus

The State of Maharashtra & others Respondents Mr. G.V. Kulkarni, advocate for the petitioner. Mr. A.R. Kale, A.G.P. for the State.

Mr. U.S. Malte, advocate for respondent no. 3. CORAM : R.M.BORDE & K.L.WADANE, JJ.

DATE : 20th July, 2016 PER COURT:

Petitioner claims to be belonging to 'Rajgondev' Scheduled Tribe and is in receipt of certificate issued by the competent authority certifying that she belongs to the aforesaid tribe. The tribe certificate issued in favour of petitioner is referred to the Scrutiny Committee i.e. respondent no. 2 for verification and the proposal is stated to be pending. Respondent no. 2 is directed to take decision on the caste certificate verification proposal in respect of petitioner pending with the Committee, as expeditiously as possible, preferably within a period of eight months from today and, it is accordingly directed.

2.

Petitioner is employed as Clerk (accounts) with respondent no. 3. As per the terms of appointment, on completion of three years of satisfactory service, the petitioner is entitled to be regularised in the cadre of Senior Clerk (Accounts) on

{2} wp4701.14.odt consideration of merit as well as placement in the seniority list maintained by the employer. Petitioner claims that on 03.09.2015 she has completed three years of service and, as such, in terms of clause 5 of the appointment order, the employer shall have to consider her claim for regularisation in employment and post her as Clerk (Higher Grade).

3.

Respondent no. 3 shall consider the claim of petitioner for regularisation in terms of clause 5 of the letter of appointment and take appropriate decision, as expeditiously as possible, preferably within a period of eight weeks from today. Continuation of petitioner in employment would be subject to the outcome of the decision of the tribe certificate verification claim pending with respondent no. 2 - Scrutiny Committee.

4.

With the directions as above, writ petition stands disposed of.

K.L.WADANE R.M.BORDE JUDGE JUDGE dyb/