Mira Arjunsing Ghaisas v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6492 OF 2017 Mira Arjunsing Ghaisas Petitioner

Versus

The State of Maharashtra & others Respondents Mr. V.U.Jadhav,Advocate for the petitioner.

Mr. A.S.Shinde, A.G.P. for Respondents 1 and 2. Mr.P.R.Tandale,Standing Counsel for Z.P.Latur appearing for Respondent No.3 to 5.

CORAM : R.M.BORDE & K.L. WADANE, JJ.

DATE : 5th MAY, 2017 PER COURT:

1.

The petitioner belongs to reserved category and has been appointed in Zilla Parishad as against vacancies prescribed for the respective reserved categories. Caste/Tribe certification validation proposal of the petitioner is pending with the Scrutiny committee and no decision has been arrived at as yet.

2.

In the meanwhile, the Zilla Parishad has issued directions to the petitioner to submit his validation certificate within specified time and it has been further informed that in the event of failure, appropriate action would be taken against the petitioner. The petitioner also contends that the monthly salary receivable by him has not been paid to him by the employer since February, 2017.

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It is informed by learned counsel for the petitioner that the proposal for verification of tribe/caste certificates is submitted to the Zlla Parishad for onward transmission to the Scrutiny Committee, however, it appears that Zilla Parishad has not forwarded the proposal to the Scrutiny Committee. If that be so, we direct Zilla Parishad to forward the proposal to the Scrutiny Committee within a period of two months from today. On receipt of proposal, the Committee shall take decision in respect of proposal of the petitioner on merit, as expeditiously as possible, preferably within a period of eight months from today.

4.

It is directed that the employer/Zilla Parishad shall release the monthly salary payable to the petitioner from February, 2017 and shall continue to pay the monthly salary to the petitioner and shall not take any adverse action against him until disposal of the Caste/Tribe Certificate Validation proposal of the petitioner pending with the Scrutiny Committee.

5.

It would be open for the Zilla Parishad to take appropriate steps, in accordance with law, depending upon the decision by the Scrutiny Committee in respect of Caste/Tribe Certificate Validation proposal.

6.

With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

( K. L. WADANE ) ( R.M.BORDE ) JUDGE JUDGE jpc