Tejaskumar Chandrayya Aitwar v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:17591-DB 946wp8172-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 WRIT PETITION NO. 8172 OF 2025 TEJASKUMAR CHANDRAYYA AITWAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Sunil M. Vibhute, Advocate for the Petitioner Mr. S. D. Ghayal, AGP for the Respondents State Mr. S. B. Pulkundwar, Advocate for Respondents State .....

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 8th July, 2025 P. C. :

.

The petitioner has approached this Court seeking direction to Respondent No.2 Scrutiny Committee for deciding tribe claim of the Petitioner as belonging to 'Mannervarlu' Scheduled Tribe. 2.

It is brought to the notice of this Court that although the appointment of the petitioner to the post of Gramsevak is provisional, subject to producing validity certificate, a clause in the appointment order at Exh.C requires the petitioner to produce validity certificate within six months from the date of appointment. 3.

It is submitted that the proceedings before Respondent No.2 Committee are also at the final stage and, therefore, this Court may consider of issuing appropriate direction. An affidavit of undertaking of the petitioner is tendered across the bar, wherein, the petitioner undertakes that till his tribe claim is validated, he will not claim any

946wp8172-25 benefits of regularization, increment, pay fixation, promotion etc. The undertaking is taken on record and marked as 'X' . 4.

Learned AGP appears on behalf of respondent Nos. 1 and 2. Learned counsel Mr. S. B. Pulkundwar appears on behalf of Respondent Nos. 3 and 4.

5.

In view of the above, the respondent Scrutiny Committee is directed to complete the proceedings and decide the tribe claim of the petitioner within three months from today. The undertaking given by the petitioner and taken on record is treated as an undertaking given to this Court. Additionally, the petitioner is directed to give such undertaking before respondent Nos. 3 and 4 within three weeks from today.

6.

In view of the undertaking given by the petitioner, till the proceedings pending before Respondent Scrutiny Committee are decided, no adverse action be taken against the petitioner by Respondent Nos. 3 and 4.

7.

The writ petition is accordingly disposed of. ( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan