Ashok Balaji Pallewad v. The State Of Maharashtra Through Its Secretary And Others
2024:BHC-AUG:11316-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 71 WRIT PETITION NO. 5702 OF 2024 ASHOK BALAJI PALLEWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....
Mr C. R. Thorat, Advocate for Petitioner;
Ms Neha Kamble, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 18th June, 2024 PER COURT:
1.
The Petitioner has been appointed as a 'Jail Constable' by an appointment order dated 11/03/2013, by Respondent/Deputy Inspector General of Prisons, Mumbai. He claims to be belonging to the 'Mannervarlu' Scheduled Tribe category. His tribe claim validation proposal, is tendered to Respondent No.4/Scheduled Tribe Certificate Verification Committee, on 14/01/2011 and is pending with the said Competent Committee. He seeks directions to Respondent
(2) Nos.2/ Deputy Inspector General of Prisons, Chhatrapati Sambhajinagar and Respondent No.3/Superintendent, District Prison, Latur that they should not take adverse action against him on the basis of the Notice dated 09/05/2024, for failing to produce the tribe validity certificate.
2.
The learned Advocate for the Petitioner submits that the Petitioner would tender an affidavit undertaking that, he would not seek increments / promotion / service benefits, etc. until his claim is validated. Such affidavit undertaking would be filed in this Court within a period of 21 days from today and a copy would be tendered to Respondent/Employer. 3.
In view of the above and by recording the above statement, we direct that Respondent No.4/Scrutiny Committee shall take a decision on the tribe claim of the Petitioner, on or before 31/12/2024.
4.
On the condition that the Petitioner would file the affidavit undertaking as recorded above, he shall not be terminated from service until 31/12/2024.
(3) 5.
With the above directions, this Writ Petition is disposed off.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk